Tenant appeals from an order of the Civil Court of the City of New York, New York County (Andrea Masley, J.), dated November 3, 2011, which denied its motion to be restored to possession in a nonpayment summary proceeding.

Per Curiam.

Order (Andrea Masley, J.), dated November 3, 2011, affirmed, with $10 costs.

The commercial tenant offered no valid excuse for its repeated failures to comply with the unambiguous payment provisions of the settlement stipulations to which it assented upon advice of counsel, including its acknowledged failure to abide by the terms of the September 9, 2011 stipulation resolving its post-eviction motion in which it agreed to pay by a date certain the substantial arrearages then due as a condition for restoration. On this record, good cause for vacating the warrant of eviction and restoring tenant to possession of the commercial premises was absent as a matter of law (see City of New York v 130/40 Essex St. Dev. Corp., 302 AD2d 292, 294 [2003]). Nor is there record support for tenant's (belated) assertion that it was improperly evicted for failing to pay "accelerated rent" (cf. Ross Realty v V & A Fabricators, Inc., 42 AD3d 246, 250-251 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 26, 2013