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129TH STREET CLUSTER ASSOCIATES, LP, pet-res, v. MILTON BROWN, res-app

13-160 129TH STREET CLUSTER ASSOCIATES, LP, pet-res, v. MILTON BROWN, res-app, — Ordert (Timmie Erin Elsner, J.), dated October 3, 2012, affirmed, without costs.

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13-160 129TH STREET CLUSTER ASSOCIATES, LP, pet-res, v. MILTON BROWN, res-app, — Ordert (Timmie Erin Elsner, J.), dated October 3, 2012, affirmed, without costs.

Tenants repeatedly failed to comply with the unambiguous “time of the essence” payment terms of two so-ordered stipulations executed in settlement of the underlying chronic rent delinquency holdover proceeding. “Strict enforcement of the parties’ stipulation…is warranted based upon the principle that parties to a civil dispute are free to chart their own litigation course” (Mill Rock Plaza Assoc. v. Lively, 224 AD2d 301 [1996]). Given tenants’ extensive history of rent defaults, which continued unabated into the probationary term agreed to by the parties, a stay of execution of the warrant of eviction was unwarranted (see Henry Hudson Gardens LLC v. Bareda, 25 AD3d 466 [2006]).

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