WADSWORTH VENTURA ASSOCIATES 367 LLC v. FRIAS (2012)

WADSWORTH VENTURA ASSOCIATES 367 LLC, Petitioner–Respondent, v. Carmen FRIAS, Respondent–Appellant.

Decided: December 11, 2012

ANDRIAS, J.P., FRIEDMAN, DeGRASSE, MANZANET–DANIELS, GISCHE, JJ.

Northern Manhattan Improvement Corp., Legal Services, New York (Alan G. Morley of counsel), for appellant. Rose & Rose, New York (Todd A. Rose of counsel), for respondent.

Order of the Appellate Term of the Supreme Court, First Department, entered on or about November 10, 2010, which affirmed an order of the Civil Court, New York County (Peter M. Wendt, J), entered February 26, 2010, denying respondent tenant's motion to stay execution of the warrant of eviction, unanimously affirmed, without costs.

The record shows that tenant violated two probationary stipulations in this chronic nonpayment case. Accordingly, it was not an abuse of discretion for the court to enforce the stipulation by its terms, which provided for no further defaults, and allow for the eviction of tenant (see Hotel Cameron, Inc. v. Purcell, 35 AD3d 153, 155–156 [1st Dept 2006]; see also 565 Tenants Corp. v. Adams, 54 AD3d 602 [1st Dept 2008] ).

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