Co-op Board Properly Terminated Tenant's Lease

Landlord cooperative corporation sued to eject tenant proprietary lessee for objectionable conduct, which landlord claimed violated the proprietary lease and the house rules. The court granted landlord a preliminary injunction barring tenant from yelling or screaming in any common areas of the building or within her own apartment; from threatening or harassing tenants or building employees; from communicating in any manner with occupants of one particular apartment; and from acting in a way that interfered with the rights and quiet enjoyment of other occupants. The court also denied tenant's motion to dismiss the case. Tenant appealed and lost. The co-op board acted for the purposes of the cooperative, within the scope of its authority, and in good faith, in voting to terminate tenant's proprietary lease. Landlord also was entitled to a preliminary injunction given its likelihood of success on the merits. But the injunction didn't indicate to the tenant specifically all the acts she was restrained from doing. The case was sent back to the lower court to modify the injunction so that it set forth more specifically tenant's objectionable conduct.

Trump Plaza Owners, Inc. v. Weitzner: NYLJ, 1/28/08, p. 30, col. 1 (App. Div. 1 Dept.; Tom, JP, Saxe, Friedman, Buckley, JJ)