| 530 Manhattan Ave. HDFC v Malloy |
| 2008 NY Slip Op 51023(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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent Malloy appeals from an order of the Civil Court of the City of New York, New
York County (Gerald Lebovits, J.), entered July 18, 2007, which denied her motion to stay
execution of a warrant of eviction in a holdover summary proceeding.
Per Curiam.
Order (Gerald Lebovits, J.), entered July 18, 2007, affirmed, without costs.
In view of appellant's history of payment defaults, both before and after commencement of
the underlying holdover proceeding, we find no abuse of discretion in the court's denial of relief
to appellant for her unexcused failure to timely tender the June 2007 use and occupancy payment
specified in the parties' comprehensive settlement stipulation. "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]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
Decision Date: May 22, 2008