Opinion
No. 570172/14.
2014-06-9
MacDOUGAL & SIXTH REALTY LLC, Petitioner–Landlord–Respondent, v. Phillip M. WATTS, Respondent–Tenant, and Sasson G. Efrat, Respondent–Appellant.
Respondent Sasson G. Efrat appeals from an order of the Civil Court of the City of New York, New York County (Arlene H. Hahn, J.), dated October 9, 2013, which awarded petitioner use and occupancy in the principal sum of $5,665.32 in a holdover summary proceeding.
Appeal from order (Arlene H. Hahn, J.), dated October 9, 2013, deemed an appeal from the ensuing judgment (same court and Judge), entered October 10, 2013, and so considered (see CPLR 5520[c] ), judgment affirmed, without costs.
In light of appellant's undisputed failure to timely surrender possession of the apartment premises on or before October 1, 2013 in violation of the clear mandate of the “time is of the essence” vacatur provisions of the parties' so-ordered settlement stipulation, the court properly awarded petitioner monthly use and occupancy in an amount consistent with the stipulation's terms. “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” ( Millrock Plaza Associates v. Lively, 224 A.D.2d 301 [1996] ).
I concur.