| 339 Broadway Props., LLC v Bistro Marketplace 339, Inc. |
| 2008 NY Slip Op 51022(U) [19 Misc 3d 141(A)] |
| Decided on May 22, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, New York County
(Ernest J. Cavallo, J.), dated January 29, 2008, which denied its motion, inter alia, to vacate a
stipulated judgment of possession issued in a holdover summary proceeding.
PER CURIAM.
Order (Ernest J. Cavallo, J.), dated January 29, 2008, affirmed, with $10 costs.
The commercial tenant offered no valid excuse for its repeated failures to comply with the
unambiguous,
"time ... of the essence" payment provisions of the stipulations of settlement to which it
assented upon advice of counsel. Thus, "good cause for vacating a warrant of eviction
(see RPAL 749[1]), especially one issued pursuant to ... so-ordered stipulation[s], was
absent as a matter of law" (City of New York v 130/40 Essex St. Dev. Corp, 302 AD2d
292, 294 [2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 22, 2008