Cite as: 645 Madison LLC v. Lana Marks Limited of New York, 570363/11, NYLJ 1202589227050, at *1 (App. Tm., 1st, Decided December 6, 2012)

Before: Lowe, III, P.J., Shulman, Hunter, Jr., JJ.

Decided: December 6, 2012




Tenant appeals from an order and final judgment of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered February 28, 2011 and March 7, 2011, respectively, after a hearing, which awarded landlord possession and a recovery of rent arrears in the principal sum of $219,595.94 in a nonpayment summary proceeding.


Final judgment (Peter H. Moulton, J.), entered March 7, 2011, affirmed, with $25 costs, for the reasons stated by Peter H. Moulton, J. at Civil Court. Appeal from order (Peter H. Moulton, J.), entered February 8, 2011, dismissed, without costs, as subsumed in the appeal from the final judgment.

As the hearing court properly determined, the




commercial tenant offered no valid excuse for its demonstrated failure to comply with the unambiguous "time of the essence" 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[1]), 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 [2003]).