Opinion
570922/07.
Decided March 20, 2008.
Landlord appeals from 1) an order of the Civil Court of the City of New York, New York County (Sheldon J. Halprin, J.), dated July 10, 2007, which granted tenant's motion for a stay of execution of a warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent; and (2) an order (same court and Judge), dated October 29, 2007, which, upon renewal, adhered to the prior determination.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
Order (Sheldon J. Halprin, J.), dated July 10, 2007, reversed, without costs, and tenant's motion denied. Execution of the warrant of eviction shall be stayed for 60 days from the service of a copy of this order with notice of entry. Appeal from order (Sheldon J. Halprin, J.), dated October 29, 2007, dismissed, without costs, as academic.
Tenant offered no valid excuse for his failures to comply with the "time of the essence" payment terms of the so-ordered stipulations settling this chronic rent delinquency holdover proceeding. Given tenant's extensive history of rent defaults, which continued into the probationary term agreed to by the parties, a further stay of execution of the warrant of eviction was unwarranted ( see Mill Rock Plaza Assoc. v Lively, 224 AD2d 301; 2246 Holding Corp. v Nolasco, 15 Misc 3d 142[A], 2007 NY Slip Op 51099[U] [2007]; 255 East 10th St., LLC v Durante, 13 Misc 3d 132[A], 2006 NY Slip Op 51888[U] [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.