50 Misc. 2d 266 | Nassau County District Court | 1965
The landlord seeks an order for the issuance of a warrant of eviction. The tenant seeks an order to stay the issuance of the warrant. A hearing to determine the validity of the stipulation dated May 12, 1965 resulted in a finding that the stipulation was validly entered into and would not be set aside.
There is no provision in the section that would make a waiver of the provisions of section 751 void or against public policy. (Cf. subd. 4, par. [d] as it read prior to Sept. 1, 1964.)
Accordingly, the court is constrained to hold that, since the tenant, on or before the return day of the application for the warrant, failed to pay “ the full arrears,” the application for the warrant must be granted and the motion for a stay must be denied.
. The stipulation provided in part as follows:
“2. Final order in the amount of $5356.93 shall be entered in favor of landlord herein and against tenant, but no warrant shall be issued herein provided tenant shall have paid, beginning Wednesday May 5, 1965 and continuing on Wednesday of every week thereafter, at landlord’s office, 191 Main Street, Hempstead, New York the sum of $300.00 weekly, which sum when paid shall be applied to the payment of said arrears embraced in the final order without interest being charged on said arrears, if payments are met pursuant to. this stipulation. Upon payment of said amount of $5356.93, the final order shall be deemed satisfied and landlord agrees to execute on request a stipulation to such effect for filing herein.
“ 3. Tenant is given a grace period with respect to any weekly payment of 10 days, after personal demand or demand by mail to the demised premises,