160 West 118th Street Corp. v. Gary

OPINION OF THE COURT

Order, dated July 15, 2010, reversed, without costs, and landlord’s motion denied.

The underlying nuisance holdover proceeding stems from a single violent altercation that took place within the subject rent-controlled apartment in November 2003, involving the then 74-year-old tenant and her adult son, who at that time resided in the apartment with the tenant. The proceeding was settled by a so-ordered stipulation in February 2005, with tenant agreeing, among other things, to refrain from threatening the building’s staff or neighboring tenants (para 1 [b]) and to…