Opinion
570816/03.
Decided June 21, 2004.
Tenant appeals from an order of the Civil Court of the City of New York, New York County, entered on or about July 30, 2003 (Peter M. Wendt, J.) which denied his motion to vacate a consent final judgment and warrant of eviction in a summary holdover proceeding based upon chronic nonpayment of rent.
Order entered on or about July 30, 2003 (Peter M. Wendt, J.) affirmed, without costs, for the reasons stated by Peter W. Wendt, J. at the Civil Court.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. WILLIAM J. DAVIS, Justices.
We agree that strict enforcement of the "so ordered" stipulations settling the underlying chronic rent delinquency holdover proceeding is warranted, in view of the tenant's successive payment defaults during the probationary period agreed to by the parties through counsel ( see Mill Rock Plaza Assocs. v. Lively, 224 AD2d 301).
This constitutes the decision and order of the court.