Opinion
570685/04
Decided June 20, 2005.
Tenant appeals from an order of the Civil Court of the City of New York, Bronx County, dated November 24, 2004 (Arlene H. Hahn, J.) which denied her motion to stay execution of a warrant of eviction in a summary holdover proceeding based upon chronic nonpayment of rent.
Order dated November 24, 2004 (Arlene H. Hahn, J.) affirmed, without costs.
Before: PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
Civil Court did not abuse its discretion in denying tenant relief from her repeated defaults in tendering rent due pursuant to the unambiguous payment terms of the parties' settlement stipulation. "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" ( Mill Rock Plaza Assocs. v. Lively, 224 AD2d 301), particularly where, as here, the rent delinquencies underlying the landlord's holdover petition continued unabated into the probationary period agreed to by the parties.
This constitutes the decision and order of the court.