Domen Holding Co. v. Aranovich

In Domen Holding Co. v. Aranovich, 1 N.Y.3d 117 [Ct App, Nov. 24, 2003], the Court of Appeals modified the Appellate Division's order, denied the tenant's cross-motion for summary judgment, reinstated the landlord's ejectment action, and remitted the case for trial. The Court found that the termination notice at issue in that case provided three fact-specific examples of outrageous conduct, threats of violence, and actual use of violence by the tenant's guest. The termination notice "included names, dates, a description of the misconduct and police complaint numbers." (Domen Holding, 1 N.Y.3d at 124.) The detailed allegations of misconduct in the termination notice suggested that the tenant's guest "displays intolerance and aggression toward those living and working within the building." The Court also noted that the allegations suggest that the tenant's guest "is easily incensed and prone to violent outbursts from time to time and, therefore, that his continued residency in the building places the comfort and health of others in the building at a constant risk." (Id.)