In Kalimian v. Cutarella, 2003 NY Slip Op 50956[U], NYLJ May 23, 2003 (App. Term, 1st Dept.) the Appellate Term held that where the stipulation provided that two late payments during a twelve month period would entitle landlord to execute on the warrant of eviction, the language was unambiguous and required that the stipulation be enforced according to its terms. The Appellate Term reversed the lower court's finding that the breach was de minimis, and noted that the tenant's excuse of the late payment was "insufficient cause to warrant relief from the stipulations provisions". (Kalimian v. Cutarella, Supra.)