Court Sets Aside Jury Verdict Finding Tenant Created a Nuisance

Landlord sued to evict tenant for creating a nuisance. Other tenants of the six-unit building were disturbed by tenant’s conduct. They described the smell of cigarettes and marijuana coming from the apartment, constant visitors, and the presence of police and medical personnel knocking for extended periods before gaining entrance. Tenant was verbally abusive to landlord and other tenants. A jury found in landlord’s favor after a trial, and tenant asked the court to set aside the verdict. The court ruled for tenant. None of the incidents involving cigarettes occurred in public areas of the building, and there had been no drug arrests at the apartment. Tenant’s daughter was disabled, so various people, including aides, nurses, and therapists, needed access to the apartment. Tenant’s actions, while annoying, didn’t amount to nuisance.

Jovic v. Blue: Index No. L&T 75281/14, NYLJ 1202737927581 (Civ. Ct. Queens; 9/16/15)