| Serencha Realty Corp. v A.M. Two In One, Inc. |
| 2016 NY Slip Op 50024(U) [50 Misc 3d 133(A)] |
| Decided on January 13, 2016 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Jennifer G. Schecter, J.), entered on or about November 5, 2014, after a hearing, which denied tenant's motion to stay execution of the warrants of eviction in consolidated holdover summary proceedings.
Per Curiam.
Order (Jennifer G. Schecter, J.), entered on or about November 5, 2014, affirmed, with $10 costs.
The credited testimony and photographic evidence amply support the hearing court's detailed factual findings that the commercial tenant breached the terms of the so-ordered stipulation settling these consolidated holdover proceedings, by inter alia, failing to remove and replace the awning in front of the store, and obstructing the windows (see Hotel Cameron, Inc. v Purcell, 35 AD3d 153, 155 [2006]). Strict enforcement of the eviction remedy contained within the stipulation is warranted, based upon the principle that the parties to a civil dispute are free to chart their own litigation course (see 1029 Sixth v Riniv Corp., 9 AD3d 142, 146 [2004], appeals dismissed 4 NY3d 795 [2005]).