339 Broadway Props v. Bistro Marketplace 339

Full title: 339 BROADWAY PROPERTIES, LLC, Petitioner-Landlord-Respondent, v. BISTRO…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: May 22, 2008

2008 N.Y. Slip Op. 51022 (N.Y. App. Term 2008)

Opinion

570067/08.

Decided on May 22, 2008.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Ernest J. Cavallo, J.), dated January 29, 2008, which denied its motion, inter alia, to vacate a stipulated judgment of possession issued in a holdover summary proceeding.

Order (Ernest J. Cavallo, J.), dated January 29, 2008, affirmed, with $10 costs.

PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ.

PER CURIAM.

The commercial tenant offered no valid excuse for its repeated failures to comply with the unambiguous, "time . . . of the essence" payment provisions of the stipulations of settlement to which it assented upon advice of counsel. Thus, "good cause for vacating a warrant of eviction ( see RPAL 749[1]), especially one issued pursuant to . . . so-ordered stipulation[s], was absent as a matter of law" ( City of New York v 130/40 Essex St. Dev. Corp, 302 AD2d 292, 294).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.