intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such
dwelling unit or to surrender or waive any rights in relation to such occupancy" (NYC
Admin Code § 27-2004 [a][48]). Harassment includes "repeated interruptions or
discontinuances of essential services, or an interruption or discontinuance of an essential service
for an extended duration or of such significance as to substantially impair the habitability of such
dwelling unit" NYC Admin Code § 27-2004 [a][48][2][b], and "an
interruption or discontinuance of an essential service that (i) affects such dwelling unit and (ii)
occurs in a building where repeated interruptions or discontinuances of essential services have
occurred "NYC Admin Code § 27-2004 [a][48][2][b-1]. Upon a finding of harassment,
tenants may seek an order from a court restraining an owner from engaging in such conduct, and
to impose civil penalties of not less than $2,000.00 and not more than $10,000.00 NYC
Admin Code § 27-2115 [m][2].
Respondent's registered head officer, Ruth Wu, did not testify. The voice of Ruth Wu was
identified among the messages and recorded conversations entered as evidence. Respondent's
witness, Helen Wu did not deny or dispute that the messages and videos sent to Mr. Pang came
from the respondent.[FN3]
The lack of testimony from Ruth Wu must be given a negative inference. See, Wallace 18 LLC v Tucker, 66 Misc 3d
1209(A) (Civ. Ct. Bronx Co. 2020). "A negative inference may be drawn from the
absence of reasonably anticipated testimony when there is some independent evidence presented
which allows the court to make such an inference."
III. Sanctions
The posting of a forged marshal's notice of can only be construed as an act done by