Tenant appeals from an order of the Civil Court of the City of New York, New York County (Arlene H. Hahn, J.), dated January 25, 2011, which, after a hearing, granted landlord's application for leave to execute on the warrant of eviction in a holdover summary proceeding.

Per Curiam.

Order (Arlene H. Hahn, J.), dated January 25, 2011, deemed an appeal from the ensuing final judgment (same Judge), entered January 31, 2011, and so considered (see CPLR 5520[c]), final judgment affirmed, without costs.

We find no cause to disturb Civil Court's fact-laden determination that tenant violated the terms of the two-attorney, so-ordered stipulation settling the underlying holdover summary proceeding. The hearing evidence, fairly interpreted, supports a finding that tenant inexcusably failed to provide the requisite "unimpeded" access to landlord on the date selected "at [tenant's] request" and that the roach and bedbug infestation and apartment clutter remained unresolved at the time of the compliance hearing. Given tenant's demonstrated failure to comply with the unambiguous access provisions of the stipulation and the unremedied apartment conditions that remain harmful to the health, safety and comfort of other building apartments (see Cabrini Terrace Joint Venture v O'Brien, 71 AD3d 486 [2010], lv dismissed 15 NY3d 888 [2010]), landlord's application to execute on the warrant of eviction was properly granted.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 14, 2012