Court Denies Preliminary Injunction Against Tenant in Ejectment Case Claiming Nuisance

Landlord sued to eject rent-stabilized tenant and her son for breaching a prior settlement agreement and creating a nuisance. Landlord also sought money damages and a preliminary injunction restraining the defendants from engaging in hostile behavior toward building occupants. Landlord had previously sued to evict tenant for nuisance in 2015 and reach a settlement agreement that her son would move out and have only limited visitation to the apartment. Landlord also now requested a default judgment against tenant and her son for failure to answer the court complaint. 

The court ruled for landlord in part. The court noted a default judgment against tenant, but other issues remained to be decided in the case. But the court denied landlord's request for a preliminary injunction. Landlord failed to establish as a matter of law that tenant and her son had allowed noise to emanate from the apartment in excess of permitted levels under the NYC Noise Code. Landlord submitted only a sworn statement from the downstairs tenant claiming that the son played heavy metal music all night, from 10 p.m. to 7:30 a.m., seriously disturbing his quiet enjoyment of his apartment. But tenant denied this claim and landlord hadn't shown a "clear right" to an injunction.

El-Kam Realty Company v. Lipsman: Index No. 151657/2022, 2024 NY Slip Op 39394(U)(Sup. Ct. NY; 9/20/24; Saunders, J)