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BOSTON-167, LLC, petapp, v. CHARLES COAXUM, res-res

13-402. BOSTON-167, LLC, petapp, v. CHARLES COAXUM, res-res — Order (Jaya K. Madhaven, J.), entered February 14, 2013, reversed, without costs, and tenant's motion denied. Execution of the warrant of eviction shall be stayed for 30 days from service of a copy of this order with notice of entry.

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13-402. BOSTON-167, LLC, petapp, v. CHARLES COAXUM, res-res — Order (Jaya K. Madhaven, J.), entered February 14, 2013, reversed, without costs, and tenant’s motion denied. Execution of the warrant of eviction shall be stayed for 30 days from service of a copy of this order with notice of entry.

Tenant repeatedly failed to comply with the unambiguous “time of the essence” payment provisions of the so-ordered stipulation settling 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 tenant’s extensive history of rent defaults, which continued unabated into the probationary term agreed to by the parties, a further stay of execution of warrant of eviction was unwarranted (see Henry Hudson Gardens LLC v. Bareda, 25 AD3d 466 [2006]).

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