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1815 Park Ave. Hotel Assoc. LLC v Toure
2013 NY Slip Op 50011(U) [38 Misc 3d 132]
Decided on January 4, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 4, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570267/12.

1815 Park Ave. Hotel Associates LLC, Petitioner-Landlord-Respondent, - -

against

Awa K. Toure, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Nancy M. Bannon, J.), entered January 13, 2012, which denied her motion, in effect, to stay execution of a warrant of eviction in a nonpayment summary proceeding.


Per Curiam.

Order (Nancy M. Bannon, J.), entered January 13, 2012, affirmed, without costs.

The commercial tenant offered no valid excuse for her demonstrated failure to comply with the unambiguous payment provisions of the stipulation settling the underlying nonpayment summary proceeding. On this record, "good cause for vacating a warrant of eviction (see RPAPL 749[1]), especially one issued pursuant to ... a so-ordered stipulation, was absent as a matter of law" (City of New York v 130/40 Essex St. Dev. Corp., 302 AD2d 292, 294 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 04, 2013