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1029 SIXTH v. RINIV CORP.

9 A.D.3d 142 (2004)

777 N.Y.S.2d 122

1029 SIXTH, LLC, Appellant, v. RINIV CORPORATION, Respondent, et al., Respondent. 1029 SIXTH, LLC, Appellant, v. SLIP-ON SHOES, INC., Respondent, et al., Respondent. 1029 SIXTH, LLC, Appellant, v. CORONA GRILL CORPORATION et al., Respondents. 1029 SIXTH, LLC, Appellant, v. GUITY FASHION CORPORATION, Respondent, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 25, 2004.

Attorney(s) appearing for the Case

Jaffe, Segal, Ross & Light LLP, New York City (Bill S. Light and David F. Segal of counsel), for appellant.

Mitchell Merlis, New York City, for respondents.

ANDRIAS and FRIEDMAN, JJ., concur with SAXE, J.; NARDELLI, J.P., and MAZZARELLI, J., dissent in a separate opinion by MAZZARELLI, J.

OPINION OF THE COURT

SAXE, J.

In these four companion commercial holdover proceedings, each of which was settled by so-ordered stipulation, the landlord appeals from the orders of Appellate Term which reversed the Civil Court and required the landlord to make payments to respondent tenants pursuant to their stipulations. We agree with the Civil Court's view, and conclude that Appellate Term was wrong in excusing the tenants' failure to comply with the terms...

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