Landlord Violated Court Order

December 1, 2002

LVT Number: 16282

Landlord sued to evict tenant. Tenant claimed that there was no elevator service in the building. The court ordered landlord to restore elevator service. Tenant later claimed that landlord was in contempt of the court order. The court ruled for tenant. Landlord appealed and lost. Landlord provided a working elevator for a few days on or about the date by which the court had ordered but then took the elevator out of service for many months before a new elevator was installed. This was deliberate disregard of the court's order, and landlord was properly found to be in contempt.

Landlord sued to evict tenant. Tenant claimed that there was no elevator service in the building. The court ordered landlord to restore elevator service. Tenant later claimed that landlord was in contempt of the court order. The court ruled for tenant. Landlord appealed and lost. Landlord provided a working elevator for a few days on or about the date by which the court had ordered but then took the elevator out of service for many months before a new elevator was installed. This was deliberate disregard of the court's order, and landlord was properly found to be in contempt.

Sabella 4e74 Partnership v. Learnard: NYLJ, 11/20/02, p. 21, col. 1 (App. T.1 Dept.; McCooe, Gangel-Jacob, Schoenfeld, JJ)

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