Opinion
570753/03.
Decided March 30, 2004.
Tenant appeals from an order of the Civil Court, New York County, dated July 9, 2003 (Geoffrey D. Wright, J.) granting landlord's motion to strike the answer and for a judgment of possession and an order of the Civil Court, New York County, dated August 21, 2003 (Geoffrey D. Wright, J.) denying tenant's motion to vacate the judgment and warrant in this holdover proceeding.
Orders dated July 9, 2003 and August 21, 2003 (Geoffrey D. Wright, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J. HON. WILLIAM P. McCOOE HON. MARTIN SCHOENFELD, Justices.
Upon the commercial tenant's failure to timely comply with two prior orders for payment of interim use and occupancy, and its tender of a check which was returned for insufficient funds, Civil Court properly granted judgment for landlord (see, RPAPL § 745[c][i]). The court was not authorized to extend the time for payment without consent (see, RPAPL § 745[c][iii]), and landlord's acceptance of a belated occupancy payment did not waive its rights under the statute.
This constitutes the decision and order of the court.