Hotel Cameron Inc. v. Purcell

Suarez, EJ.

(dissenting). I respectfully dissent. The issue on this appeal is whether the tenant’s motion to stay the execution of the warrant of eviction in this summary nuisance holdover proceeding was properly denied because of tenant’s substantial breach of a stipulation of settlement. I find that it was. The tenant’s “violent and frightening behavior,” as found by Civil Court, constitutes a substantial breach of the stipulation. The tenant was represented by counsel and by a guardian ad litem when he signed the stipulation. Parties to a civil dispute are free to chart their own litigation…