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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)

Citation
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Parent Document
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Jurisdiction
New York (state)
Effective Date
2004-06-29

Other Sections in This Document (76)

Full Text

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Petitioner argues that even if it acted outside its authority or engaged in bad faith — as respondent has now shown it did — it can evict respondent based on competent evidence that respondent’s conduct was objectionable. Petitioner contends that a competent-evidence analysis will result in the court’s finding respondent’s actions objectionable. (See petitioner’s letter mem of law, dated May 21, 2004, at 2.) Generally speaking, a “pattern of outrageous behavior exhibited or condoned by a tenant may trigger a finding of [objectionable conduct] and subject the occupants to eviction.” (1 Daniel Finkelstein and Lucas Ferrara, Landlord and Tenant Practice in New York § 13:89, at 13-47 [2003] [citing Pullman].')