1815 PARK AVE. HOTEL ASSOCIATES LLC, pet-res, v. AWA K. TOURE, res-app
12-454. 1815 PARK AVE. HOTEL ASSOCIATES LLC, pet-res, v. AWA K. TOURE, res-app. — Order (Nancy M. Bannon, J.), entered January 13, 2012, affirmed, without costs.
The commercial tenant offered no valid excuse for her demonstrated failure to comply with the unambiguous payment provisions of the stipulation settling the underlying nonpayment summary proceeding. On this record, "good cause for vacating a warrant of eviction (see RPAPL 749), especially one issued pursuant to...a so-ordered stipulation, was absent as a matter of law" (City of New York v. 130/40 Essex St. Dev. Corp., 302 AD2d 292, 294 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.