Opinion
570562/03.
Decided October 5, 2004.
Tenant appeals from an order of the Civil Court, New York County, entered on or about June 16, 2003 after a hearing (Cyril K. Bedford, J.) which, inter alia, permitted execution of the warrant of eviction in a holdover summary proceeding.
Order entered on or about June 16, 2003 (Cyril K. Bedford, J.) reversed, without costs, and warrant of eviction vacated.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
Upon our review of the record developed at the compliance hearing held below, we conclude that the petitioner-landlord failed to establish that the then 86-year old, rent-controlled tenant substantially violated the terms of subdivision 2(a) of the parties' "so ordered" stipulation of settlement by engaging in "threatening behavior". While the hearing evidence permits a finding that the elderly tenant at times engaged in "bizarre" behavior — which included posturing with a horned "deer head" as if "to charge" at the building superintendent and pointing a decorative bow and arrow set at building staff and contractors while "laughing like crazy" — the tenant's misguided pranks were not perceived at the time to be serious enough to warrant the summoning of police and, under any reasonable view, were not shown to have substantially jeopardized anyone's safety ( cf. Domen Holding Co. V Aranovich, 1 NY3d 117). In these circumstances, and since it is undisputed that the tenant otherwise refrained from the five remaining types of conduct prohibited under the settlement stipulation and since the two-year probationary period specified therein has now expired, a forfeiture of the nearly 50-year tenancy is unwarranted.
The court takes judicial notice that after issuance of the order appealed from a guardian pursuant to Mental Hygiene Law article 81 was appointed on tenant's behalf.
This constitutes the decision and order of the court.