Landlord appeals from an order of the Civil Court, New York County (Maria Milin, J.), dated December 5, 2005, which, after a hearing, denied its motion for entry of a final judgment and issuance of a warrant of eviction in a holdover summary proceeding, and an order (same court and Judge), dated February 27, 2006, which, upon reargument, adhered to its prior decision.

PER CURIAM:

Order (Maria Milin, J.), dated December 5, 2005 reversed, with $10 costs, and final judgment awarded to landlord on the holdover petition. Issuance of the warrant of eviction shall be stayed for 10 days from the service of a copy of this order with notice of entry. Appeal from order (Maria Milin, J.), dated February 27, 2006, dismissed, without costs, as academic.

Upon our review of the record developed at the compliance hearing, we find that landlord met its burden of establishing that tenant substantially violated the terms of the parties' so-ordered stipulation by verbally assaulting and threatening other tenants, trespassing into the premises of other tenants, and writing abusive and harassing notes. In denying landlord's motion, the hearing court recognized that "it might not be on the strongest grounds in the world," given tenant's testimony admitting that she engaged in the prohibited activities. In view of the demonstrated, unabated disruptive conduct of the tenant, which was proscribed by the unambiguous terms of the stipulation negotiated by counsel in settlement of the underlying nuisance holdover proceeding, the hearing court's determination that tenant had not materially breached the terms of the stipulation is not
supported by the record. In these circumstances, landlord is entitled to a possessory judgment as stipulated to by the parties.

This constitutes the decision and order of the court.
Decision Date: August 21, 2006