Tenant Can't Cure Destructive Acts

June 30, 2004

LVT Number: 17466

Landlord sued to evict tenant for nuisance. Landlord claimed that tenant maliciously destroyed garage windows and glass dryer doors in the building's laundry room. Tenant then refused to pay for repairs. Tenant asked the court to dismiss the case without a trial. He claimed that he cured any lease violations. Landlord argued that the acts couldn't be taken back and, so, couldn't be cured. The court ruled against tenant. Tenant couldn't cure destructive acts retroactively.

Landlord sued to evict tenant for nuisance. Landlord claimed that tenant maliciously destroyed garage windows and glass dryer doors in the building's laundry room. Tenant then refused to pay for repairs. Tenant asked the court to dismiss the case without a trial. He claimed that he cured any lease violations. Landlord argued that the acts couldn't be taken back and, so, couldn't be cured. The court ruled against tenant. Tenant couldn't cure destructive acts retroactively.

300 Assocs. v. Mattioli: NYLJ, 6/2/04, p. 19, col. 3 (City Ct. New Rochelle; Scher, J)

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