Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O'Connor, J.), entered February 2, 2012. The order denied tenant's motion to be restored to possession.

ORDERED that the order is affirmed, without costs.

Following its eviction on the ground that it had defaulted under the terms of a stipulation, tenant moved to be restored to possession. Tenant alleged that it had complied with all of the terms of the stipulation except for the requirement that it pay 80 percent of the water charges for the premises, a condition that had not been triggered because landlord had failed to provide proper documentation of the charges. Since landlord demonstrated that it had provided tenant with an "Account History Bill" from the Department of Environmental Protection, and tenant failed to rebut, or even address, that showing, tenant failed to demonstrate that it had not defaulted under the stipulation. Consequently, tenant failed to show any proper basis for the relief sought (see generally 467 42nd St. v Decker, 186 Misc 2d 439, 440 [App Term, 2d & 11th Jud Dists 2000]; Davern Realty Corp. v Vaughn, 161 Misc 2d 550, 551 [App Term, 2d & 11th Jud Dists 1994]).

Accordingly, the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: December 09, 2013