My LL brought a "nuisance" eviction suit and, after 2+ years of pretrial motions arguing over the bill of particulars, we have been ordered to trial.
At the pretrial conference, the judge explained that the case would hinge on the LL's allegation that I "spit at and slapped" a bldg. employee. The LL has never specified a date or time for this alleged "assault," but I'm pretty sure they're referring to an argument I had with one of the owners at least 15 years ago. I was never interviewed by NYPD or charged with a crime. No order of protection was ever sought by the LL or employees.
The judge says that if she is persuaded that this "assault" occurred, she will decide in my LL's favor, and will deny my the extended stay offered by the new law that allows tenants up to a year to find a new apartment.
I researched the standard of proof for an assault charge and found that material evidence isn't necessary. So if the LL can tell a convincing story and hire a witness, he could win?
I feel like this is allowing a housing court judge to rule on a crime for which I've never been charged. Can this actually happen? I'm worried!