Landlord Entitled to Hearing on Whether Tenant Continued Objectionable Conduct

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court. Tenant agreed to refrain from harassing and threatening other tenants in the building during a specified probationary period. Landlord later sought to restore the case to the court calendar for a hearing on whether tenant had again engaged in the objectionable conduct. The court denied landlord's request to restore the case. Landlord appealed, and the case was reopened. Landlord's request was supported by the sworn statement of tenant's upstairs neighbor who claimed there were multiple recent incidents of harassing behavior by tenant. So the court should have set the matter down for a hearing under the terms of the settlement agreement.

Mautner-Glick Corporation v. Rodriguez: 57 Misc.3d 157(A), 2017 NY Slip Op 51650(U) (App. T. 1 Dept.; 12/6/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)