Opinion
570280/09.
Decided February 25, 2010.
Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Louis J. Villella, J.), dated January 29, 2009, which denied his motion to be restored to possession in a nonpayment summary proceeding.
Order (Louis J. Villella, J.), dated January 29, 2009, affirmed, without costs.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
The parties, through counsel, entered into a so-ordered stipulation expressly acknowledging the legality of tenant's prior eviction in the underlying nonpayment summary proceeding, and conditioning the stay of reletting of the apartment premises upon tenant's payment of acknowledged arrears, a condition which tenant failed to satisfy. In this posture, Civil Court properly denied tenant's restoral motion. We have considered and rejected tenant's remaining argument ( see generally Chelsea 19 Assoc. v James, 67 AD3d 601; Waterside Plaza, LLC v Smith, 12 AD3d 231, 236).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.