Tenant Didn't Correct Objectionable Conduct

September 30, 2001

LVT Number: 15343

Landlord sued to evict tenant for creating a nuisance by behaving in an antisocial and abusive manner in the building. Landlord and tenant signed a settlement agreement in which tenant agreed to correct her behavior or face eviction. Tenant waived the right to correct any violations of the agreement. Tenant was represented by an attorney and a court-appointed guardian when she made this agreement. Landlord later asked the court to permit eviction because tenant's conduct continued. The court ruled for landlord. Tenant appealed and lost.

Landlord sued to evict tenant for creating a nuisance by behaving in an antisocial and abusive manner in the building. Landlord and tenant signed a settlement agreement in which tenant agreed to correct her behavior or face eviction. Tenant waived the right to correct any violations of the agreement. Tenant was represented by an attorney and a court-appointed guardian when she made this agreement. Landlord later asked the court to permit eviction because tenant's conduct continued. The court ruled for landlord. Tenant appealed and lost. Landlord showed that tenant still acted in a way that was harmful to her neighbors. And although tenant's doctor testified that medication might help, there was no guarantee that tenant's objectionable conduct wouldn't continue.

Sacchetti v. Rosen: NYLJ, 9/28/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, PJ, Davis, Suarez, JJ)

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