Downstairs Tenant Acted Intentionally and Unreasonably Against Upstairs Neighbor

A cooperative shareholder tenant sued neighbor tenant in 2017 for creating a nuisance and later added a claim for trespass. In 2019, the court ruled for the plaintiff tenant in part, finding liability by the other tenant for trespass. The plaintiff tenant later asked the court to find liability by the other tenant for his private nuisance claim. This claim stemmed from plaintiff tenant's claim that the other tenant harassed him for years after he refused to install soundproofing in the floor of his apartment, which was directly above the defendant tenant's unit. The other tenant in turn asked the court to rule in his favor. The court ruled partially in plaintiff's favor and against the other tenant. The court found that the defendant tenant acted in an intentional, unreasonable manner that deprived the plaintiff of the use and enjoyment of his property. 

Theroux v. Resnicow: Index No. 154642/17, 2023 NY Slip Op 50902(U), NYLJ No. 1693345995 (Sup. Ct. NY; 8/28/23; Lebovits, J)