Court Will Hold Virtual Trial to Accommodate Tenant in Nuisance Case

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant loitered around the building day and night, at all hours, yelling, banging, and pounding on walls, made inappropriate comments to other tenants, and removed door handles from emergency exits. Landlord had videotape of tenant attempting to break into another apartment and removing the door knob. Tenant also had been arrested and charged with various crimes. As trial was coming up, tenant asked the court to delay the trial and/or give him a reasonable accommodation since he had medical conditions that made him vulnerable to COVID-19. The court ruled for tenant, only to the extent of ruling that the trial would be held virtually instead of in person, as a reasonable accommodation to tenant. The court found that CEEFPA did not provide grounds for delay of this proceeding.

Bronx Park Phase II Preserv. LLC v. V.C.: Index No. 60327/16, NYLJ No. 1621867600 (Civ. Ct. Bronx; 5/10/21; Baum, J)