Opinion
2005-463 N C.
Decided November 21, 2005.
Appeal from an order of the District Court of Nassau County, First District (David A. Gross, J.), entered December 9, 2004. The order denied a motion by tenant to vacate a final judgment and warrant entered after a default under a stipulation.
Order unanimously affirmed without costs.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and McCABE, JJ.
Tenant, which did not obtain a stay of enforcement of the final judgment pending appeal and is no longer in possession of the premises, does not ask to be restored to possession. In this posture, no equitable considerations are shown which warrant excusing tenant's default under the terms of the stipulation settling this commercial nonpayment proceeding ( see generally Vanguard Diversified, Inc. v. Review Co., 35 AD2d 102, 106 [doctrine of substantial compliance is founded in part upon equitable principles]).