Gordon v. 476 Broadway Realty Corp., 129 A.D.3d 547 (2015)

The statutory presumption of retaliation does not apply here, since the cooperative terminated plaintiffs’ tenancy based on their alleged violation of the terms and conditions of the proprietary lease (see Real Property Law § 223-b [5]). Moreover, as noted, there is no evidence of bad faith on the cooperative’s part (see 1050 Tenants Corp. v Lapidus, 39 AD3d 379, 385 [1st Dept 2007], lv denied 9 NY3d 807 [2007]; see also Walentas v Johnes, 257 AD2d 352, 354 [1st Dept 1999], lv dismissed 93 NY2d 958 [1999]).