Landlord Co-op Corp. Properly Terminated Proprietary Lease

Landlord cooperative corporation sued to evict proprietary lessee for engaging in objectionable conduct. The court ruled for landlord without trial and denied tenant's motion to dismiss the case along with her counterclaim for breach of quiet enjoyment.

Tenant appealed and lost. Landlord provided proof that the tenancy was terminated because tenant engaged in objectionable conduct and that the board sent tenant a notice of default, a notice of additional objectionable conduct, and notice of a special meeting before terminating the lease. The board thereby established that it acted "for the purposes of the cooperative, within the scope of its authority and in good faith" in accordance with the business judgment rule. The court also found that actions taken by tenant allegedly to enforce her rights were not in good faith.

99 Randall Ave. Owners Corp. v. Strong: Index No. 2022-824 NC, 2024 NY Slip Op 50116(U)(App. T. 2 Dept.; 1/18/24; McCormack, JP, Garguilo, Driscoll, JJ)