Co-op Can Evict Shareholder Tenant Due to Cluttered Apartment

June 24, 2019

LVT Number: #30200

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's apartment conditions. At trial landlord showed through the property manager's testimony that trash and boxes were piled to the ceiling in tenant's living room and dining room, and that there was wall-to-wall clutter on the apartment's first floor. The second floor was similarly cluttered. The trial court ruled for landlord. Tenant appealed and lost. Tenant argued that she was unavailable to appear on the trial date and that the case should have been adjourned.

Landlord cooperative corporation sued to evict shareholder tenant based on tenant's apartment conditions. At trial landlord showed through the property manager's testimony that trash and boxes were piled to the ceiling in tenant's living room and dining room, and that there was wall-to-wall clutter on the apartment's first floor. The second floor was similarly cluttered. The trial court ruled for landlord. Tenant appealed and lost. Tenant argued that she was unavailable to appear on the trial date and that the case should have been adjourned. But tenant's attorney appeared in court, didn't request an adjournment, and tenant had requested and received a number of prior adjournments. The court's decision wasn't entered on default, and was based on witness testimony.

Highview at Huntington Owners Corp. v. John-Lewis: 63 Misc.3d 155(A), 2019 NY Slip Op 50816(U) (App. T. 2 Dept.; 5/23/19; Garguilo, JP, Tolbert, Emerson, JJ)

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