1029 Sixth, LLC v. Riniv Corporation

In 1029 Sixth, LLC v. Riniv Corporation, 9 AD3d 142, 777 N.Y.S.2d 122 (1st Dep't. 2004), four companion commercial holdover proceedings were settled by so-ordered stipulations. The landlord appealed from orders of the Appellate Term, which reversed the Civil Court and required the landlord to make payments to respondent-tenants pursuant to their stipulations. The Appellate Division agreed with the Civil Court's view, and concluded that the Appellate Term was wrong in excusing the tenants' failure to comply with the terms of the stipulation and requiring the landlord to comply with the stipulation despite the tenants' default.