1560 Broadway Company v. Gala International Travel, Inc.

App. Term 1st Dept. 6/98

We represented: Petitioner-Landlord-Respondent

William P. McCooe, P.J., William J. Davis, Luis A. Gonzalez, JJ.

DECISION and ORDER Tenant appeals from an order of the Civil Court, New York County entered December 23, 1997 after a hearing (Debra A. James, J.) denying tenant's motion to stay execution of a warrant of eviction in a commercial nonpayment proceeding.

PER CURIAM:

Order dated December 23, 1997 (Debra A. James, J.) affirmed, with $10 cost.

Civil Court did not abuse its discretion in denying tenant's motion for a stay of the warrant in the absence of good cause shown (RPAPL 749[3]). A review of the record reveals that the commercial tenant failed to comply with the payment terms of the parties' so-ordered stipulation dated May 21, 1997, following a written payment demand.

This constitutes the decision and order of the court.