Landlord Claims Tenant’s Smoking at Window Created Nuisance

October 21, 2015

LVT Number: #26969

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant smoked cigarettes daily at her apartment window, which interfered with the comfort of other tenants. The court denied tenant’s request to conduct pre-trial questioning of landlord since tenant failed to show ample need for discovery. Otherwise, whether tenant’s actions constituted a nuisance was an issue for trial. Some amount of dirt, smoke, and odors was part of city life, but whether tenant acted reasonably was a question of fact.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant smoked cigarettes daily at her apartment window, which interfered with the comfort of other tenants. The court denied tenant’s request to conduct pre-trial questioning of landlord since tenant failed to show ample need for discovery. Otherwise, whether tenant’s actions constituted a nuisance was an issue for trial. Some amount of dirt, smoke, and odors was part of city life, but whether tenant acted reasonably was a question of fact. It was also unclear whether tenant’s lease forbids smoking or offensive odors.

 

 

 

P&T Management Co., LLC v. Aponte: Index No. 59006/15, NYLJ No. 1202736051523 (Civ. Ct. Queens; 9/2/15; Kullas, J)

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