| Times Sq. Hotel, LP v Harper |
| 2006 NY Slip Op 51813(U) [13 Misc 3d 130(A)] |
| Decided on September 26, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court, New York County (Timmie Erin Elsner, J.), dated June 13, 2005, which, after a hearing, granted landlord's motion for leave to execute on the warrant of eviction in a holdover summary proceeding.
Per Curiam:
Order (Timmie Erin Elsner, J.), dated June 13, 2005, affirmed, without costs.
The hearing evidence, fairly interpreted, supports the court's conclusion that tenant breached the so-ordered stipulation settling the underlying nuisance holdover proceeding. The court reasonably credited the testimony of witnesses attesting to tenant's abusive and disruptive conduct toward other tenants and building staff, in violation of the specific terms of the stipulation. Tenant's conduct having continued unabated despite two prior settlement stipulations, landlord's motion for leave to execute on the warrant was properly granted (see Dinhofer Family Ltd. Partnership v Palladino, 10 Misc 3d 133A [2005]).
This constitutes the decision and order of the Court.
Decision Date: September 26, 2006