960 MGT. CORP. v. DZABA, 571125 (4-23-2004)

PER CURIAM:

Civil Court did not abuse its discretion in denying tenant relief from his immediate default in tendering rent due pursuant to the unambiguous, "time of the essence," payment terms of the parties' settlement stipulation. "Strict enforcement of the parties' stipulation . . . is warranted based upon the principle that the parties to a civil dispute are free to chart their own litigation course" ( Mill Rock Plaza Assocs. v. Lively, 224 AD2d 301), particularly where, as here, the rent delinquencies underlying the landlord's holdover petition continued unabated into the probationary period agreed to by the parties.

This constitutes the decision and order of the court.