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59-61 E. 3rd St., LLC v. Said

Supreme Court, Appellate Term, First Department, New York.
Dec 18, 2015
29 N.Y.S.3d 847 (N.Y. App. Term 2015)

Opinion

No. 570805/15.

12-18-2015

59–61 EAST 3RD STREET, LLC, Petitioner–Landlord–Respondent, v. Samir SAID, Paul Said d/b/a Café Khufu, Respondents–Tenants–Appellants.


Order (Robert R. Reed, J.), dated March 29, 2013, insofar as appealed from, affirmed, with $10 costs.

We sustain the possessory judgment awarded in favor of landlord, inasmuch as the undisputed evidence established that the commercial tenant violated the terms of the two-attorney, so-ordered stipulation settling the underlying holdover summary proceeding by failing to provide “free and unfettered” access to landlord to complete renovations at the subject premises. Strict enforcement of the parties' stipulation, including the entry of a possessory judgment, serves the State's interest in efficient dispute resolution and is essential to the proper management of court calendars and the integrity of the litigation process (see Hallock v. State of New York, 64 N.Y.2d 224, 230 [1984] ; Hotel Cameron, Inc. v. Purcell, 35 AD3d 153 [2006] ).

We note that tenant was evicted on September 18, 2013.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur


Summaries of

59-61 E. 3rd St., LLC v. Said

Supreme Court, Appellate Term, First Department, New York.
Dec 18, 2015
29 N.Y.S.3d 847 (N.Y. App. Term 2015)
Case details for

59-61 E. 3rd St., LLC v. Said

Case Details

Full title:59–61 EAST 3RD STREET, LLC, Petitioner–Landlord–Respondent, v. Samir SAID…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: Dec 18, 2015

Citations

29 N.Y.S.3d 847 (N.Y. App. Term 2015)