| 705 W. 179th St. Realty Inc. v Rodriguez |
| 2008 NY Slip Op 50129(U) [18 Misc 3d 134(A)] |
| Decided on January 23, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 1) an order of the Civil Court of the City of New York, New York
County (Gerald Lebovits, J.), dated May 4, 2007, which denied his motion to stay the execution
of the warrant in a holdover summary proceeding based upon chronic nonpayment of rent, and 2)
an order (same court and Judge), dated June 1, 2007, which denied his motion to renew.
PER CURIAM:
Orders (Gerald Lebovits, J.), dated May 4, 2007 and June 1, 2007, affirmed, with $10 costs.
Tenant repeatedly failed to comply with the payment terms of the parties' so-ordered stipulation settling this chronic rent delinquency holdover proceeding. "Strict enforcement of the parties' stipulation ... is warranted based upon the principle that the parties to a civil dispute are free to chart their own litigation course" (Mill Rock Plaza Assoc. v Lively, 224 AD2d 301 [1996]). Given tenant's extensive history of defaults, which continued unabated into the probationary term agreed to by the parties, Civil Court providently denied tenant's motion for a further stay of the execution of the warrant of eviction.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 23, 2008