When rent-controlled tenant Mary Gary got into a violent altercation with her adult son, the landlord sought to evict the 74-year-old lady.
According to a Court-approved settlement, Mary agreed to "permanently exclude" her kid from the unit and, when he allegedly visited her some four years later, the landlord sought to have the woman booted.
After the New York County Civil Court found in the owner's favor, Mary appealed to the Appellate Term, First Department.
Although she may have "technically" violated the parties' agreement, the AT1 thought that an eviction wasn't warranted. Apparently, no evidence as to the "frequency or duration" of the son's visits was presented nor was it alleged that his presence interfered with the "comfort or safety" of the building's occupants or staff.
She sure landed a TKO.
To view a copy of the Appellate Term's decision, please use this link: 160 W. 118th St. Corp. v. Gary