Tenant Can't Vacate Default

August 31, 2005

LVT Number: 18349

Landlord, a cooperative corporation, sued to evict tenant-proprietary lessee for creating a nuisance by exhibiting disruptive and disturbing behavior against other residents. The court ruled for landlord based on tenant's default. Tenant appealed. Tenant's board of directors had held a special meeting and voted to terminate tenant's undesirable tenancy. Tenant claimed that she received no notice of the board's special meeting. She also claimed that she never got notice of the default or money judgments against her. The court ruled against tenant.

Landlord, a cooperative corporation, sued to evict tenant-proprietary lessee for creating a nuisance by exhibiting disruptive and disturbing behavior against other residents. The court ruled for landlord based on tenant's default. Tenant appealed. Tenant's board of directors had held a special meeting and voted to terminate tenant's undesirable tenancy. Tenant claimed that she received no notice of the board's special meeting. She also claimed that she never got notice of the default or money judgments against her. The court ruled against tenant. The court found that tenant had no meritorious defense for the defaults. And landlord wasn't required to give tenant notice of the board's special meeting, under either the proprietarylease or the building's bylaws.

Carnegie Hill 87th St. Corp. v. Heller: NYLJ, 8/17/05, p. 18, col. 3 (Sup. Ct. NY; Tolub, J)

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