Opinion
570426/08.
Decided March 11, 2010.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered July 20, 2009, which denied her motion to stay execution of a warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
Order (David J. Kaplan, J.), entered July 20, 2009, affirmed, without costs.
Civil Court providently exercised its discretion in denying tenant's application for further relief from her most recent default in tendering rent due pursuant to the unambiguous payment terms of the parties' so-ordered settlement stipulation, which contained a "time is of the essence" payment provision. Notably, tenant's repeated rent delinquencies underlying the landlord's holdover petition continued into the probationary period agreed to by the parties.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.