Opinion
570067/06.
Decided October 5, 2006.
Landlord appeals from an order of the Civil Court, New York County (Michelle D. Schreiber, J.), dated June 21, 2005, which granted tenant's motion to permanently stay execution of the warrant of eviction in a summary holdover proceeding based upon chronic nonpayment of rent.
Order (Michelle D. Schreiber, J.), dated June 21, 2005, reversed, without costs, tenant's motion denied and the permanent stay vacated. Execution of the warrant shall be stayed for 30 days from the service of a copy of this order with notice of entry.
PRESENT: McCOOE, J.P., GANGEL-JACOB, SCHOENFELD, JJ
Tenant repeatedly failed to comply with the payment terms of the parties' so-ordered stipulation settling this chronic rent delinquency holdover proceeding. "Strict enforcement of the parties' stipulation . . . 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 AD2d 301). Given tenant's extensive history of rent defaults, which continued unabated into the probationary term agreed to by the parties, a stay of execution of the warrant of eviction was unwarranted ( see 4966 Broadway Realty Corp. v. De La Rosa, 10 Misc 3d 143 [A], 2006 NY Slip Op 50090 [U] [App Term, lst Dept 2006]).
This constitutes the decision and order of the Court.