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Condor Funding, LLC v Myers (2005 NY Slip Op 50014(U))
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Decided on January 12, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570065/04

Condor Funding, LLC, Petitioner-Landlord -Respondent,
against
Scott Myers, Respondent -Tenant -Appellant.
Tenant, as limited by his briefs, appeals from that portion of an order of the Civil Court, New York County, entered January 16, 2004 (Anthony J. Fiorella, Jr., J.) which denied his motion to vacate a "so-ordered" stipulation settling the underlying nonpayment summary proceeding.
PER CURIAM:
Order entered January 16, 2004 (Anthony J. Fiorella, Jr., J.) affirmed, without costs.
The motion court, while granting tenant a further opportunity to comply with the payment terms of the parties' so-ordered settlement stipulation, appropriately declined to ignore the tenant's
file:///C|/Users/Peter/Desktop/NY/2/2005_50014.htm[4/21/2013 2:15:00 PM] Condor Funding, LLC v Myers (2005 NY Slip Op 50014(U))
demonstrated payment default or to set aside the stipulation and restore the matter for trial on issues previously resolved. There is no showing that the stipulation

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