1114 Morris Avenue HDFCv.Johnson

Appellate Term of the Supreme Court of New York, First DepartmentMay 29, 2009
570419/08 (N.Y. Misc. 2009)
570419/08890 N.Y.S.2d 3702009 N.Y. Slip Op. 51056


Decided May 29, 2009.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Lydia C. Lai, J.), entered August 8, 2008, which denied her motion to stay execution of a warrant of eviction in a holdover summary proceeding based upon chronic nonpayment of rent. Landlord appeals from a prior order of the same court (Eleanora Ofshtein, J.), dated June 5, 2008, which granted tenant's earlier motion to stay execution of the warrant.

Order (Lydia C. Lai, J.) entered August 8, 2008, affirmed, without costs. Appeal from order (Eleanora Ofshtein, J.), dated June 5, 2008, dismissed, without costs, as academic and abandoned.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.

We find no abuse of discretion in the denial of tenant's application for relief from her most recent default 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 Assoc. v Lively, 224 AD2d 301), particularly where, as here, the repeated rent delinquencies underlying the landlord's holdover petition continued into the probationary period agreed to by the parties.