Cooperative Tenant Installed Leaky Air Conditioner
LVT Number: 18927
Facts: Landlord of cooperative building sued to evict co-op tenant for objectionable conduct. Landlord asked the court to grant an order of ejectment without a trial. Tenant asked the court to dismiss the case. The court ruled for landlord. Landlord claimed that tenant repeatedly refused to pay maintenance and refused to remove air conditioners that caused water damage to the apartment below tenant's. Tenant argued that this type of conduct wasn't grounds under tenant's lease terms to eject for ''objectionable and undesirable conduct.'' Court: Landlord wins. Landlord started six nonpayment cases against tenant between 1993 and 2004. Landlord won most of those cases and was awarded attorney's fees despite tenant's appeals. Prior courts had noted tenant's aggressive tactics in court. Tenant's downstairs neighbor also had sued tenant and landlord based on water damage from tenant's apartment. Without landlord's permission, tenant had installed an air conditioning system that was connected to the building's water pipes. Tenant didn't comply with prior court orders to disconnect the air conditioning system and was held in contempt of court. Landlord was entitled to evict tenant based on the business judgment rule. Landlord was authorized by vote of board and members to take this action, took this action in good faith, and took this action to further the building's legitimate interests.
1050 Tenants Corp. v. Lapidus: NYLJ, 5/15/06, p. 18, col. 1 (Sup. Ct. NY; Diamond, J)