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Decided on March 7, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ 570660/10.
SP 96-97 Street, LLC, Petitioner-Landlord -Respondent,
against
Winona Brown, Respondent -Tenant -Appellant.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), entered August 10, 2010, which denied her motion, in effect, to stay execution of a warrant of eviction in a holdover summary proceeding based upon chronic rent delinquency.
Per Curiam.
Order (Peter M. Wendt, J.), entered August 10, 2010, affirmed, without costs.
In the absence of any excuse whatsoever for tenant's calendar default or a proper showing of a meritorious defense to landlord's possessory claim, tenant's motion to vacate the default judgment was properly denied. Nor, in any event, was a stay of execution of the warrant of eviction appropriate in view of tenant's repeated failure to comply with the unambiguous payment terms of the parties' "so-ordered"
file:///C|/Users/Peter/Desktop/NY/1/2011_50350.htm[4/21/2013 12:14:24 PM] SP 96-97 St., LLC v Brown (2011 NY Slip Op 50350(U))
settlement stipulation (id.).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: March 07, 2011
file:///C|/Users/Peter/Desktop/NY/1/2011_50350.htm[4/21/2013 12:14:24 PM]

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