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129th St. Cluster Assoc., LP v Brown
2013 NY Slip Op 50814(U) [39 Misc 3d 144(A)]
Decided on May 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 21, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Hunter, Jr., JJ
570974/12.

129th Street Cluster Associates, LP, Petitioner-Landlord-Respondent,

against

Milton Brown, Respondent-tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Timmie Erin Elsner, J.), dated October 3, 2012, which denied his motion to stay execution of a warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent.


Per Curiam.

Ordert (Timmie Erin Elsner, J.), dated October 3, 2012, affirmed, without costs.

Tenants repeatedly failed to comply with the unambiguous "time of the essence" payment terms of two so-ordered stipulations executed in settlement of the underlying chronic rent delinquency holdover proceeding. "Strict enforcement of the parties' stipulation ... is warranted based upon the principle that parties to a civil dispute are free to chart their own litigation course" (Mill Rock Plaza Assoc. v Lively, 224 AD2d 301 [1996]). Given tenants' extensive history of rent defaults, which continued unabated into the probationary term agreed to by the parties, a stay of execution of the warrant of eviction was unwarranted (see Henry Hudson Gardens LLC v Bareda, 25 AD3d 466 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 21, 2013