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Street, LLC v. Winona Brown

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


March 7, 2011

STREET, LLC, PETITIONER-LANDLORD-RESPONDENT,
v.
WINONA BROWN,
RESPONDENT-TENANT-APPELLANT.

Per curiam.

SP 96-97 St., LLC v Brown

Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 7, 2011

PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ 570660/10.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), entered August 10, 2010, which denied her motion, in effect, to stay execution of a warrant of eviction in a holdover summary proceeding based upon chronic rent delinquency.

Order (Peter M. Wendt, J.), entered August 10, 2010, affirmed, without costs.

In the absence of any excuse whatsoever for tenant's calendar default or a proper showing of a meritorious defense to landlord's possessory claim, tenant's motion to vacate the default judgment was properly denied. Nor, in any event, was a stay of execution of the warrant of eviction appropriate in view of tenant's repeated failure to comply with the unambiguous payment terms of the parties' "so-ordered" settlement stipulation (id.). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur Decision Date: March 07, 2011

20110307

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