Appellate Division of the Supreme Court of New York, 2012

Wadsworth Ventura Associates 367 LLC v. Frias

Wadsworth Ventura Associates 367 LLC v. Frias
Appellate Division of the Supreme Court of New York · Decided December 11, 2012
101 A.D.3d 474; 955 N.Y.2d 337
Wadsworth Ventura Associates 367 LLC v. Frias

Opinion of the Court

The record shows that tenant violated two probationary stipulations in this chronic nonpayment case. Accordingly, it was not an abuse of discretion for the court to enforce the stipulation by its terms, which provided for no further defaults, and allow for the eviction of tenant (see Hotel Cameron, Inc. v Purcell, 35 AD3d 153, 155-156 [1st Dept 2006]; see also 565 Tenants Corp. v Adams, 54 AD3d 602 [1st Dept 2008]). Concur — Andrias, J.P., Friedman, DeGrasse, Manzanet-Daniels and Gische, JJ.

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