No Eviction Based on Isolated Incident

January 1, 2003

LVT Number: 16352

Landlord sued to evict tenant for nuisance after tenant orally abused and hit a building employee in the management office. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. A nuisance case can't be based on one isolated incident. Landlord must demonstrate that there was an ongoing course of behavior that substantially interfered with other tenants' rights to use and enjoy the property.

Landlord sued to evict tenant for nuisance after tenant orally abused and hit a building employee in the management office. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. A nuisance case can't be based on one isolated incident. Landlord must demonstrate that there was an ongoing course of behavior that substantially interfered with other tenants' rights to use and enjoy the property.

Lambert Houses Redevelopment Co. v. Dalton: NYLJ, 12/11/02, p. 19, col. 4 (Civ. Ct. Bronx; Malatzky, J)

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