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Property Law Keyed to Dukeminier
40 West 67th Street Corp. v. Pullman
Facts
Defendant was a shareholder-tenant in the plaintiff cooperative building. The defendant accused his upstairs neighbors (a retired professor and his wife) of noise violations (playing the television and radio too loud late at night and operating a noisy illegal bookbinding business that required storing toxic chemicals), to which the Board showed that the upstairs neighbors had no such bookbinding business and did not own a television set. Pullman also had a physical altercation with the retired professor that lived upstairs and handed out flyers referring to him as a “psychopath in our midst”. Mr. Pullman brought four lawsuits against the co-op because the co-op decided to evict Mr. Pullman for “objectionable conduct”. The co-op had a special meeting of shareholders and obtained the requisite super majority to terminate his lease. The Board sent Mr. Pullman a notice of termination and he refused to leave the premises. The co-op brought suit for ejectment and declaratory judgment.
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