Tenant Violated TRO Barring Guests in Her Absence

Landlord cooperative corporation sued tenant and sought a temporary restraining order (TRO) against tenant to prohibit her from having guests live in her apartment for more than five days if tenant wasn't also residing there. The court granted the TRO. Landlord later asked the court to hold tenant in contempt of court for violating the TRO. The court ruled for landlord. Tenant appealed and lost. Video surveillance footage proved that tenant wasn't living in the apartment and that she had guests residing there for more than five days. Tenant claimed that she didn't know about the TRO, but her attorney had accepted service of the TRO on her behalf. And, the day after the TRO was issued, tenant tried to transfer the apartment to herself and to one of the guests living in the unit. Landlord properly voided that transfer for noncompliance with its bylaw provision granting it a right of first refusal. Landlord also showed its rights had been prejudiced because the transient occupancy of tenant's apartment potentially posed a threat to other building residents.

Board of Managers of South Star v. Grishanova: 985 N.Y.S.2d 72, 2014 NY Slip Op 03204 (App. Div. 1 Dept.; 5/6/14; Gonzalez, PJ, Mazzarelli, Sweeny, Manzanet-Daniels, Clark, JJ)