Tenant's Friend Attacked Managing Agent

Landlord sued to evict tenant for nuisance because tenant and her boyfriend had a number of fights with weapons in the building's hallways over a six-month period. The case was settled. Tenant agreed to stop doing this. The settlement agreement also stated that if tenant violated the stipulation within the next year, landlord could get possession and an eviction warrant. Three months later, tenant argued with landlord's managing agent when he came to collect the rent. Tenant's boyfriend came upstairs at that point and punched the managing agent, who wasn't injured. Landlord claimed this violated the stipulation and asked the court to enforce the stipulation. The court awarded possession to landlord. But the court delayed eviction for six months, finding that technically the stipulation wasn't breached. The incident didn't involve tenant. Tenant and her minor child could remain in the apartment if no further incidents occurred within the next six months.

157 E. 2nd St. Hotel v. Fantauzzi: NYLJ, p. 30, col. 2 (10/25/95) (Civ. Ct. NY; Dubinsky, J)