Opinion
No. 570267/12.
2013-01-4
1815 PARK AVE. HOTEL ASSOCIATES LLC, Petitioner–Landlord–Respondent, v. Awa K. TOURE, Respondent–Tenant–Appellant.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Nancy M. Bannon, J.), entered January 13, 2012, which denied her motion, in effect, to stay execution of a warrant of eviction in a nonpayment summary proceeding.
Present: SCHOENFELD, J.P., SHULMAN, HUNTER, JR., JJ.
PER CURIAM.
Order (Nancy M. Bannon, J.), entered January 13, 2012, affirmed, without costs.
The commercial tenant offered no valid excuse for her demonstrated failure to comply with the unambiguous payment provisions of the stipulation settling the underlying nonpayment summary proceeding. On this record, “good cause for vacating a warrant of eviction ( seeRPAPL 749[1] ), 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 A.D.2d 292, 294 [2003] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.