Landlord’s Nuisance Claim Against Tenant Was Specific Enough

March 22, 2016

LVT Number: #26871

Landlord sued to evict rent-stabilized tenant for nuisance. Tenant asked the court to dismiss the case, claiming that landlord failed to make a claim and that the court papers weren’t properly delivered. The court ruled for tenant in part. Landlord’s notice to cure stated that tenant and others engaged in loud behavior and fighting, that the conduct disturbed other tenants, and that there were several incidents occurring over 16 months. Landlord’s notice wasn’t insufficiently specific, or too generic.

Landlord sued to evict rent-stabilized tenant for nuisance. Tenant asked the court to dismiss the case, claiming that landlord failed to make a claim and that the court papers weren’t properly delivered. The court ruled for tenant in part. Landlord’s notice to cure stated that tenant and others engaged in loud behavior and fighting, that the conduct disturbed other tenants, and that there were several incidents occurring over 16 months. Landlord’s notice wasn’t insufficiently specific, or too generic. But, since tenant claimed she wasn’t served with landlord’s petition, a traverse hearing was needed.

 

 

 
West 97th St. Realty Corp. v. Aptaker: Index No. 78484/2015, NYLJ No. 1202748558770 (Civ. Ct. NY; 1/25/16; Weisberg, J)

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