MATTER OF BRYANT v. GARCIA

Index No. 101284/19. Appeal No. 13018. Case No. 2020-03480.

191 A.D.3d 403 (2021)

137 N.Y.S.3d 691

2021 NY Slip Op 00521

In the Matter of Francine Bryant, Appellant, v. Kathryn Garcia, as Interim Chair of the New York City Housing Authority, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 2, 2021.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, Staten Island ( Teresa K. DeFonso of counsel), for appellant.

Lisa Bova-Hiatt , New York City Authority Law Department, New York ( Andrew M. Lupin of counsel), for respondents.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.


The termination of the tenancy of petitioner, a now 64-year-old woman who has been a NYCHA tenant without incident for more than 40 years and will be evicted from her home along with her adult daughter because she suffered a momentary loss of control when she struck respondent's employee, whom she believed to be in a relationship with her former partner, is "so disproportionate to [her] offense, in the light of all the circumstances, as to be shocking to one's sense of fairness...

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