Landlord Doesn't Prove Tenant Violated Probationary Stipulation

Landlord sued to evict tenant for engaging in objectionable conduct. Landlord and tenant signed a settlement agreement in court. The agreement gave landlord a judgment of possession and an eviction warrant, which was stayed for an 18-month probationary period. If tenant violated the agreement by recurring objectionable conduct, landlord could seek a hearing and a decision to execute on the warrant if tenant engaged in “disruptive, destructive, dangerous, and/or illegal behavior.” Landlord later went back to court, claiming that tenant tried to break into a basement room reserved for landlord’s employees, in violation of the settlement agreement. The court ruled against landlord, who appealed and lost. The court’s decision was based largely on witness credibility. The court apparently considered tenant’s version of the facts sufficiently believable to rebut landlord’s claim. And the court’s decision was not so inconsistent with a fair interpretation of the evidence that it should be reversed.

Caring Communities Associates HDFC v. Boffa: 50 Misc.3d 134(A), 2016 NY Slip Op 50040(U) (App. T. 2 Dept.; 1/8/16; Pesce, PJ, Weston, Elliot, JJ)