Tenant Can't Cure Objectionable Conduct

December 17, 2013

LVT Number: #25236

Landlord cooperative corporation sued to evict tenant-shareholder based on objectionable conduct. The court denied landlord's request for a ruling without a trial and ordered a hearing on whether tenant had cured the conduct. Landlord appealed and won. The State Supreme Court had already ruled in a prior case that landlord validly terminated tenant's proprietary lease based on his repeated instances of objectionable conduct. And that court already had ruled that tenant's conduct couldn't be cured. Landlord could proceed with eviction of the tenant.

Landlord cooperative corporation sued to evict tenant-shareholder based on objectionable conduct. The court denied landlord's request for a ruling without a trial and ordered a hearing on whether tenant had cured the conduct. Landlord appealed and won. The State Supreme Court had already ruled in a prior case that landlord validly terminated tenant's proprietary lease based on his repeated instances of objectionable conduct. And that court already had ruled that tenant's conduct couldn't be cured. Landlord could proceed with eviction of the tenant.

205 E. 77th St. Tenants Corp. v. Meadow: 41 Misc.3d 134(A), 2013 NY Slip Op 51857(U) (App. T. 1 Dept.; 11/14/13; Shulman, JP, Schoenfeld, Hunter Jr., JJ)

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