Waterside Plaza LLC v Bhawnaney
Jan 12, 2012OUTCOME: Reversed, Landlord Prevailed
Housing Court decision reversed in favor of landlord by Appellate Term On this record, and in view of the tenant's demonstrated failure to comply with the unambiguous, "time of the essence" payment ... terms set forth in the parties' so-ordered stipulation, a further stay of execution of the warrant of eviction was unwarranted (see Chelsea 19 Assoc. v James, 67 AD3d 601 [2009]). Tenant's apparent difficulty in obtaining funds was not shown here to have constituted "good cause" sufficient to vacate the warrant of eviction
