| Waterside Plaza, LLC v Bhawnaney |
| 2012 NY Slip Op 50044(U) [34 Misc 3d 140(A)] |
| Decided on January 12, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order of the Civil Court of the City of New York, New York
County (David J. Kaplan, J.), entered May 19, 2011, which conditionally granted tenant's motion
to stay execution of the warrant of eviction in a nonpayment summary proceeding.
Per Curiam.
Order (David J. Kaplan, J.), entered May 19, 2011, reversed, without costs, and tenant's motion denied. Execution of the warrant of eviction shall be stayed for 60 days from service of a copy of this order, with notice of entry.
On this record, and in view of the tenant's demonstrated failure to comply with the unambiguous, "time of the essence" payment terms set forth in the parties' so-ordered stipulation, a further stay of execution of the warrant of eviction was unwarranted (see Chelsea 19 Assoc. v James, 67 AD3d 601 [2009]). Tenant's apparent difficulty in obtaining funds was not shown here to have constituted "good cause" sufficient to vacate the warrant of eviction (id.).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 12, 2012