Opinion
570200/10.
Decided May 26, 2010.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Kibbie F. Payne, J.), dated January 8, 2010, which denied its motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.
Order (Kibbie F. Payne, J.), dated January 8, 2010, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ.
The commercial tenant offered no valid excuse for its 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 ( see RPAPL 749), 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 AD2d 292, 294).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.