Landlord Doesn't Prove Tenant Created Nuisance

Landlord sued to evict rent-stabilized tenant for creating a nuisance and failing to sign a renewal lease. The court ruled for landlord in part. The court found no nuisance but that tenant had failed to renew his lease. Still, the court delayed issuing an eviction warrant to permit tenant to cure by signing the renewal lease. Landlord appealed and lost. Landlord presented insufficient proof that tenant caused excessive noise. Testimony presented one isolated incident. Among other things, landlord also claimed that tenant caused excessive traffic to her apartment late at night and in the early morning, improperly discarded recyclables and conducted yoga classes on the building roof. Even if tenant had engaged in these activities, there was no showing that tenant's conduct threatened the comfort and safety of other tenants or landlord. 

Giga Greenpoint Realty, LLC v. Mounier: 2018 NY Slip Op 51510(U) (App. T. 2 Dept; 10/26/18; Elliot, JP, Weston, Siegal, JJ)