CHELSEA 19 ASSOCIATES v. JAMES

1553. M-4856. M-4984.

67 A.D.3d 601 (2009)

889 N.Y.S.2d 564

2009 NY Slip Op 08687

CHELSEA 19 ASSOCIATES, Respondent, v. WARREN JAMES, Appellant.

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

Decided November 24, 2009.


The parties' so-ordered stipulation of settlement of October 31, 2006 provided that upon tenant's failure to pay certain monies by December 31, 2006, landlord, upon notice, could restore the case to the calendar for entry of a "possessory/money judgment" and issuance of a warrant of eviction. Tenant does not dispute that he failed to make timely payment of the monies due under the stipulation, and, in April 2007, Civil Court, upon tenant's failure to appear in opposition...

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