Opinion
08-136.
Decided on May 22, 2008.
Respondent Malloy appeals from an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered July 18, 2007, which denied her motion to stay execution of a warrant of eviction in a holdover summary proceeding.
Order (Gerald Lebovits, J.), entered July 18, 2007, affirmed, without costs.
PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ.
In view of appellant's history of payment defaults, both before and after commencement of the underlying holdover proceeding, we find no abuse of discretion in the court's denial of relief to appellant for her unexcused failure to timely tender the June 2007 use and occupancy payment specified in the parties' comprehensive settlement stipulation. "Strict enforcement of the parties' stipulation . . . is warranted based upon the principle that the parties to a civil dispute are free to chart their own litigation course" ( Mill Rock Plaza Assoc. v Lively, 224 AD2d 301).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.