Surveillance Videotapes Destroyed

Landlord sued to evict rent-controlled tenant for violating the terms of a settlement agreement signed in a prior court case. In 2001, tenant had agreed that her daughter wasn't permitted to live in the apartment or visit the building. Landlord claimed that its building manager saw tenant's daughter at the building. Tenant claimed that the person the manager saw was a neighbor's daughter, who looked a lot like her daughter. Tenant argued that landlord had destroyed important evidence. The building super had taped over a surveillance tape after he was unable to positively identify tenant's daughter on the tape. The court ruled against landlord. Both sides presented credible testimony. Since landlord destroyed the videotape that could have identified tenant's daughter, this tipped the balance of the evidence against landlord, and the court assumed that it wasn't tenant's daughter on the tape. The court also ruled that the prior settlement agreement was enforceable and warned tenant that she would be evicted if the agreement was violated in the future.

Russell Pl. Assocs. LLP v. Super: NYLJ, 7/21/04, p. 20, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)