Landlord Can't Bar Former Employee Who Lived with Tenant from Building

Landlord sued tenant and her roommate-boyfriend for creating a nuisance and asked the court to grant a preliminary injunction barring the boyfriend from the building. The boyfriend was formerly employed as the building's doorman. The current doorman submitted a sworn statement that the boyfriend attacked him in the building lobby after coming down to pick up a food delivery that he claimed he hadn't been notified about. The doorman also said that tenant arrived while the boyfriend was beating him and threatened to mace him. Tenant and the boyfriend disputed the doorman's explanation of the incident.

The court denied any injunction that would bar the boyfriend from the building since there was only one incident cited and landlord hadn't shown a pattern of continued objectionable conduct that would warrant barring the boyfriend from the building at this stage of the case. However, the court granted a preliminary injunction requiring tenant and the boyfriend to refrain from assaulting, harassing, menacing, recklessly endangering, intimidating, threatening, or engaging in any criminal offenses against the current doorman or other building staff. 

Morningside Assoc. LLC v. Batista: Index No. 157286/2020, 2020 NY Slip Op 33613(U)(Sup. Ct. NY; 11/2/20; Goetz, J)