Landlord sued to evict rent-controlled tenant and tenant’s wife based on objectionable conduct by tenant. Tenant never appeared in court but the wife did, claiming that she was divorcing tenant and that he had moved out. The wife had lived in the apartment with tenant for seven years. She claimed succession rights, and asked the court to dismiss the case because the nuisance caused by tenant had been cured. The court ruled for landlord, finding no proof that tenant had moved out, and allowed no cure period. Tenant’s wife appealed and won. By now the divorce was finalized and tenant’s wife had obtained exclusive possession of the apartment in the divorce judgment. The court granted a permanent stay of the eviction warrant on condition that tenant never return to the building and never harass landlord, its employees, or other building residents. Tenant’s wife, as the remaining family member, could cure the breach by excluding the offending tenant and complying with the conditions required for a post-judgment cure.
M.M. & I. Realty Co. LLC v. Gargano: 2014 NY Slip Op 24325, 2014 WL 5430996 (App. T. 2 Dept.; 10/3/14; Pesce, PJ, Aliotta, Elliot, JJ)
