*1 Cohoes Housing Authority (“CHA”) brought a holdover proceeding against Jane Doe (“Doe”).1 The Court held a trial and the testimony and evidence established the following:*2
On a warm late fall afternoon, the children at the Cohoes Manor Sites were playing basketball. Among the participants were Lisa Simmons’ 12-year-old son and Jane Doe’s 6-year-old daughter. Simmons was camped outside her apartment observing the game. She testified that her son called her over for a drink. She walked the short distance from where she was seated to the children.At this point, Doe and Simmons became involved. Simmons claims that Doe inexplicably became incensed that Simmons was providing her own child with a drink. Simmons, according to her, responded calmly that there was no reason to be upset — it was only a drink on a hot day. Simmons says that Doe refused to let it go. Instead, Doe responded to Simmons’ innocuous comments by calling her fat and hurling curses at her. Upon cross-examination, Simmons expanded on this part of her story. She amended her direct testimony to include that she, in addition to giving her son a drink, also complimented a child on the fantastic shot he had made — and because of the clamor on the playground, she, of course, had to raise her voice at the child to be heard.Simmons says that the next thing that she did was to turn and walk away. At this point, she admits saying that “I rather be fat than a ho,” but she assured the court that this remark was directed at no one in particular and by no means towards Doe who had just previously called her fat. After making this comment, Simmons heard someone running at her. She did not pivot to see what was happening, but rather she kept her back to the fast-approaching person. According to Simmons, Doe knocked her to the ground, mounted her and then rained multiple blows upon her face and neck.Except for the part of her testimony where Simmons says that she raised her voice on the basketball court and was later hit by Doe, the court finds Simmons’s testimony incredible and unreliable. Rather, the court believes the most honest and accurate version of events comes from Emily Macie. Macie also resides at Cohoes Manor Sites with Doe and Simmons. On the day in question, Macie was on Doe’s porch with Doe watching the children play basketball. She remembers that the children were horsing around as usual — “they were being crazy and rowdy like normal kids.” At some point, Simmons rose from her chair and started yelling at the children in an altogether inappropriate manner. Macie heard Simmons berating the youths by demanding
