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BPIV-556 W. 188th St. Owner v Seka
2011 NY Slip Op 51888(U) [33 Misc 3d 131(A)]
Decided on October 18, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 18, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
570147/11.

BPIV-556 West 188th Street Owner, Petitioner-Landlord-Respondent,

against

Fidele Seka, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated February 4, 2011, which denied his motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.


Per Curiam.

Order (Michelle D. Schreiber, J.), dated February 4, 2011, affirmed, without costs.

Tenant repeatedly failed to comply with the payment terms of the parties' so-ordered stipulations settling this nonpayment summary 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]; see Chelsea 19 Assoc. v James, 67 AD3d 601, 602 [2009]). Given tenant's extensive history of defaults, 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: October 18, 2011