Board of Managers of St. Tropez Condominium v. Kashani Corp.
Slip Copy2010 WL 2089347, 2010 N.Y. Slip Op. 50939(U)
This opinion is uncorrected and will not be published in the printed Official Reports.
Board of Managers of the St. Tropez Condominium, Petitioner-Landlord-Respondent,
Kashani Corporation d/b/a Take 6 Boutique, Respondent-Tenant-Appellant.
Appellate Term of the Supreme Court, First Department
Decided on May 26, 2010
Digest-Index Classification:Landlord and Tenant- -Eviction–Failure to Comply with Stipulation Settling Underlying Nonpayment Summary Proceeding
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Kibbie F. Payne, J.), dated January 8, 2010, which denied its motion to stay execution of a warrant of eviction in a nonpayment summary proceeding.
OPINION OF THE COURT
Order (Kibbie F. Payne, J.), dated January 8, 2010, affirmed, with $10 costs.
The commercial tenant offered no valid excuse for its demonstrated failure to comply with the unambiguous payment provisions of the stipulation settling the underlying nonpayment summary proceeding. On this record, “good cause for vacating a war- rant of eviction (see RPAPL 749 ), especially one issued pursuant to … a so-ordered stipulation, was absent as a matter of law” (City of New York v 130/40 Essex St. Dev. Corp., 302 AD2d 292, 294 ).
THIS CONSTITUTES THE DECISION AND OR- DER OF THE COURT.
Decision Date: May 26, 2010
Copr. (c) 2010, Secretary of State, State of New Y irk
Board of Mgrs. of the St. Tropez Condominium v Kashani Corp.
END OF DOCUMENT