Eviction Case Against Super Delayed

December 22, 2014

LVT Number: #25864

Landlord sued to evict a live-in building super after the super's employment was terminated. The super asked the court to hold off on any ruling pending his claim filed with the Department of Labor for unlawful employment termination. The court ruled for the super. The super sought reinstatement to his job and that he was improperly terminated in violation of a collective bargaining agreement. The job termination seemed to be based on events relating to the super's conduct and job performance that occurred before his employment termination.

Landlord sued to evict a live-in building super after the super's employment was terminated. The super asked the court to hold off on any ruling pending his claim filed with the Department of Labor for unlawful employment termination. The court ruled for the super. The super sought reinstatement to his job and that he was improperly terminated in violation of a collective bargaining agreement. The job termination seemed to be based on events relating to the super's conduct and job performance that occurred before his employment termination. Therefore, the terms of the super's employment contract applied and he was entitled to a stay for 60 days pending determination of his employment grievance.

Lindenwood Village, Sec. A. Cooperative Corp. v. Gonzalez: Index No. L&T 062976/14, NYLJ No 1202676077618 (Civ. Ct. Queens; 11/13/14; Villella, J)

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