Tenant Didn't Violate Stipulation

LVT Number: 8725

Landlord sued to evict tenant, based on the illegal activities of tenant's grandson. Tenant had stipulated that she'd keep her grandson out of the apartment. The grandson was later arrested on the third floor of the building, where tenant's apartment was located, after selling drugs in the building lobby. Landlord then claimed that tenant had violated the stipulation, and asked the court to issue an eviction warrant. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't prove that the stipulation was violated.

Landlord sued to evict tenant, based on the illegal activities of tenant's grandson. Tenant had stipulated that she'd keep her grandson out of the apartment. The grandson was later arrested on the third floor of the building, where tenant's apartment was located, after selling drugs in the building lobby. Landlord then claimed that tenant had violated the stipulation, and asked the court to issue an eviction warrant. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't prove that the stipulation was violated. The stipulation didn't require tenant to guarantee her grandson's conduct. Landlord didn't show that tenant had any knowledge of the drug sale or allowed it in any way, or that grandson lived in the apartment.

Notre Dame Leasing Corp. v. Govantes: NYLJ, p. 25, col. 5 (4/5/94) (App. T. 2 Dept.; Aronin, JP, Scholnick, Chetta, JJ)