No Fees to Tenant in Nuisance Case

November 1, 1998

LVT Number: 12721

(Decision submitted by Santo Golino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant was building furniture and making alterations to the apartment, creating noise that disturbed his neighbors. At the trial, several tenants testified about the noise. The court found the witnesses believable but that tenant's conduct wasn't sufficiently disturbing to warrant an eviction. Tenant later asked the court to award attorney's fees. The court ruled against tenant.

(Decision submitted by Santo Golino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant was building furniture and making alterations to the apartment, creating noise that disturbed his neighbors. At the trial, several tenants testified about the noise. The court found the witnesses believable but that tenant's conduct wasn't sufficiently disturbing to warrant an eviction. Tenant later asked the court to award attorney's fees. The court ruled against tenant. Tenant didn't win the case outright and wasn't entitled to attorney's fees. Landlord's case had some merit and the balance of proof tipped only slightly in tenant's favor.

1 BK Street Corp. v. Blasini: Index No. 76707/97 (9/25/98) (Civ. Ct. NY; Soto, J) [2-page document]

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