Opinion
No. 570853/11.
2012-06-27
150TH ST. HOLDING CO., LLC, Petitioner–Landlord, v. Juno LIVERPOOL, Respondent–Tenant–Appellant, and Shawn Davis, Respondent–Tenant, and “John Doe” and “Jane Doe,” Respondents–Undertenants.
Tenant Juno Liverpool appeals from an order of the Civil Court of the City of New York, New York County (Arlene H. Hahn, J.), dated October 18, 2011, which denied her motion to stay execution of a warrant of eviction in a holdover summary proceeding.
Present: LOWE, III, P.J., SHULMAN, HUNTER, JR., JJ.
PER CURIAM.
Order (Arlene H. Hahn, J.), dated October 18, 2011, affirmed, without costs.
Tenant-appellant repeatedly failed to comply with the unambiguous payment terms of no fewer than two so-ordered stipulations executed in settlement of the underlying chronic rent delinquency holdover proceeding. “Strict enforcement of the parties' stipulation[s] ... is warranted based upon the principle that the parties to a civil dispute are free to chart their own litigation course” (Mill Rock Plaza Assoc. v. Lively, 224 A.D.2d 301 [1996] ), particularly where, as here, the rent delinquencies underlying the landlord's holdover petition continued unabated into the probationary terms agreed to by the parties.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.