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Corbin Realty v. Lloyd Ogman and Katrina Ogman

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


May 26, 2011

CORBIN REALTY,
RESPONDENT,
v.
LLOYD OGMAN AND KATRINA OGMAN,
APPELLANTS.

Corbin Realty v Ogman

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 26, 2011

PRESENT: WESTON, J.P., GOLIA and RIOS, JJ

Appeal from an order of the Civil Court of the City of New York, Kings County (John S. Lansden, J.), dated February 18, 2010. The order denied tenants' motion to stay the execution of a warrant of eviction.

ORDERED that the order is affirmed, without costs.

In view of tenants' prior breaches, during the probationary period, of the terms of several stipulations settling this chronic-nonpayment holdover proceeding, the Civil Court did not improvidently exercise its discretion in refusing to excuse tenants' lateness in making a payment due, under the most recent stipulation, by December 5, 2009 and denying tenants' motion to stay the execution of the warrant of eviction (M & B Lincoln Realty Corp. v Lubrun, 4 Misc 3d 129[A], 2004 NY Slip Op 50668[U] [App Term, 2d & 11th Jud Dists 2004]; see Mill Rock Plaza Assoc. v Lively, 224 AD2d 301 [1996]; Boston 167 LLC v Smalls, 25 Misc 3d 131[A], 2009 NY Slip Op 52142[U] [App Term, 1st Dept 2009]; Grady Inc. v Johnson, 23 Misc 3d 137[A], 2009 NY Slip Op 50866[U] [App Term, 1st Dept 2009]). Accordingly, the order is affirmed.

Weston, J.P., Golia and Rios, JJ., concur.

Decision Date: May 26, 2011

20110526

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