No Nuisance Condition After Guardian Was Assigned for Tenant

In early 2008, landlord, who owned an apartment in a co-op building, sued to evict elderly, rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant's apartment was filthy and gave off odors. Tenant was 71 years old, with physical ailments and mental health problems. An Article 81 guardian previously had been appointed for tenant.
At trial, landlord testified that in October 2007, she visited the apartment with a social worker. Landlord said that the apartment was filthy, smelly, and full of debris at that time. But a few days after this visit, landlord signed an agreement with the co-op corporation stating that there was no grounds for an eviction action based on this inspection. The co-op corporation withdrew a notice of default against landlord as part of that agreement.
Tenant's guardian testified that in November 2007, she got a State Supreme Court order to clean and improve the apartment. The guardian claimed that, even then, the conditions weren't at nuisance level. The guardian wanted to remove tenant temporarily for this cleaning, but the Supreme Court wouldn't permit this until the guardian's third request in March 2008. By this time, tenant had refused two court orders to permit entry for cleaning while remaining in the apartment.
A social worker testified at trial that he visited the apartment, unscheduled, five or six times between July and September 2008 and found it in good condition. The social worker also said that tenant was receiving and responding to medical treatment.
The court wouldn't permit evidence to be introduced of events that occurred before the guardian was appointed, when tenant was ill and not receiving treatment. The court found that these prior conditions weren't part of a single course of conduct with more recent events.
The court ruled against landlord, finding that there was no present nuisance condition in the apartment and no danger to tenant's neighbors' health and safety.