One Incident of Misconduct Not Enough
LVT Number: 15756
Facts: Landlord sued to evict tenant for violating the ETPA regulations by threatening the comfort and safety of landlord's employees. Tenant asked the court to dismiss the case, claiming that the petition was defective. Tenant said there wasn't sufficient grounds for termination of his lease. Courts: Tenant wins. Landlord stated sufficient grounds to bring the case, but a single incident of misconduct wasn't enough to prove substantial interference with the comfort and safety of others, in violation of the ETPA regulations.
Harbor One Co., LLC v. Springer: NYLJ, 3/27/02, p. 27, col. 6 (Civ. Ct. New Rochelle; Scher, J)