Tenant Assaulted Other Tenant and Postal Worker

(Decision submitted by Jeffrey M. Goldman of the Law Offices of Judith M. Brener, attorneys for the landlord.)

Landlord sued to evict rent-controlled tenant based on nuisance. Landlord claimed in its termination notice that tenant menaced or assaulted a tenant of another building apartment and on a separate date assaulted a U.S. Postal Service employee in the building. The other tenant testified at trial that tenant would frequently curse at her in the hallway following a February 2014 flood in her apartment and, on one occasion, followed her to her apartment and attempted to push open her door and gain access. The postal worker testified at trial that tenant tried to get his mail while she was depositing mail into all open mailboxes. Consistent with post office policy, she asked him to wait. He then cursed at her, pushed her, ripped her shirt, and shouted racial epithets. The postal worker called 911 and police came to the building. This episode was also captured on building security video, which was admitted into evidence. The video showed that tenant’s wife tried to separate tenant from the postal worker and that the postal worker didn’t strike back at tenant. Tenant admitted these incidents at trial although he attempted to justify his actions.

The court ruled for landlord, who established by disturbing evidence tenant’s physical assault of the postal worker and his pattern of menacing behavior toward the other tenant. Tenant had repeatedly compromised the safety and interfered with other tenants’ use and enjoyment of the building.

Goldman v. Flynn: L&T Index No. 80392/15 (Civ. Ct. NY; 8/9/16; Lau, J) [7-pg. doc.]