Opinion
570940/05.
Decided June 26, 2006.
Landlord appeals from an order of the Civil Court, New York County (Saliann Scarpulla, J.), dated December 19, 2005, which granted tenant's motion to vacate a stipulated judgment of possession issued in a nonpayment summary proceeding.
Order (Saliann Scarpulla, J.), dated December 19, 2005, reversed, with $10 costs, motion denied, and judgment of possession reinstated.
PRESENT: McKeon, P.J., Davis, Gangel-Jacob, JJ.
The commercial tenant offered no valid excuse for its demonstrated failure to comply with the unambiguous, "time of the essence" payment provisions of the stipulation of settlement to which it assented upon advice of counsel. Thus, "good cause for vacating a warrant of eviction ( see RPAPL 749), especially one issued pursuant to a so-ordered stipulation, was absent as a matter of law" ( City of New York v. 130/40 Essex St. Dev. Corp., 302 AD2d 292).
This constitutes the decision and order of the court.
I concur.