Clinton-178 Towers LLC v Chapple (2017 NY Slip Op 27332)
Clinton-178 Towers LLC v Chapple
2017 NY Slip Op 27332 [58 Misc 3d 198]
October 10, 2017
Lutwak, J.
Civil Court of the City of New York, Bronx County
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 10, 2018
[*1]
Clinton-178 Towers LLC, Petitioner,
v
Lina Chapple, Respondent.
Civil Court of the City of New York, Bronx County, October 10, 2017
APPEARANCES OF COUNSEL
BOOM!Health Legal Services, Bronx (Emilio Paesano of counsel), for respondent.
Gutman, Mintz, Baker & Sonnenfeldt LLP, New Hyde Park, for petitioner.
{**58 Misc 3d at 199} OPINION OF THE COURT
Diane E. Lutwak, J.
Respondent's motion and petitioner's cross motion, consolidated herein for determination, are decided as follows.
[*2]
Procedural History and Background
This is a holdover proceeding based on allegations that, since May 2016 and on a continuous basis thereafter, respondent has hosted frequent "loud, large parties" with guests and visitors observed in the building's hallways and stairwells engaging in various specified types of "anti-social, disruptive, destructive, dangerous and/or illegal behavior" constituting a nuisance and an objectionable tenancy in violation of respondent's lease and petitioner's Building Rules and Regulations. The predicate "10 Day Notice to Terminate," a copy of which is attached to the petition and incorporated therein by reference at paragraph five, includes descriptions of four specific incidents as well as a prior eviction proceeding based on similar allegations of{**58 Misc 3d at 200} nuisance behavior that was settled with a probationary agreement that ran through February 2016.