| 1277 Shakespeare Realty Corp. v Espinal |
| 2008 NY Slip Op 50658(U) [19 Misc 3d 132(A)] |
| Decided on April 2, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 an order of the Civil Court of the City of New York, Bronx County
(Pierre B. Turner, J.), dated September 26, 2007, which denied her motion to stay execution of
the warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of
rent.
PER CURIAM:
Order (Pierre B. Turner, J.), dated September 26, 2007, affirmed, without costs.
Tenant repeatedly failed to comply with the payment terms of the parties' so-ordered
stipulations 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 execution of the warrant of
eviction.
THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
Decision Date: April 2, 2008