M B LINCOLN REALTY CORP. v. LUBRUN, 2003-1438 (6-23-2004)

In view of tenant's prior breaches, during the probationary period, of the terms of the stipulation settling this chronic-nonpayment holdover proceeding, the Housing Court abused its discretion in excusing tenant's lateness in making the payment due under the stipulation by September 15, 2003 and in granting tenant's motion to stay execution of the warrant of eviction ( M.F. Realty v. Santini, NYLJ, July 15, 2003 [App Term, 1st Dept]; Kalimian v. Cutarella, NYLJ, May 23, 2003 [App Term, 1st Dept]; King Enters. v. Franceschi, NYLJ, July 13, 2001 [App Term, 1st Dept]).