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Harlem Canaan House, Inc. v Thomas
2009 NY Slip Op 50623(U) [23 Misc 3d 129(A)]
Decided on April 9, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 9, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, J.
570126/08

Harlem Canaan House, Inc. Petitioner-Landlord-Respondent,

against

Shante Thomas, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of


the City of New York, New York County (Gary F. Marton, J.), dated February 19, 2008, which denied her motion to vacate a stipulation of settlement in a nonpayment summary proceeding.
Per Curiam.

Order (Gary F. Marton, J.), dated February 19, 2008, affirmed, without costs.

Civil Court properly denied tenant's motion to vacate the "so-ordered" stipulation settling the underlying nonpayment summary proceeding. Tenant failed to offer a valid excuse for her demonstrated failure to comply with the unambiguous payment provisions of the stipulation or otherwise demonstrate "good cause" to vacate the warrant of eviction (see RPAPL 749[3]).

THIS CONSTITUTES THE DECISION AND ORDER OF THIS COURT.
Decision Date: April 09, 2009