Nuisance Claim Dismissed for Lack of Proof Against Tenant

October 25, 2022

LVT Number: #32286

Landlord sued to evict tenant for creating or permitting a nuisance in her apartment. At trial, landlord's managing agent testified that small groups of people assumed to be tenant's guests smoked, drank, played loud music, and barbecued on the building's stoop. The agent also said there were cluttered conditions inside the apartment, improper use of common areas, a bad smell coming from the unit, and regular police visits due to illicit activities conducted on the property. Several other tenants and a police officer also testified.

Landlord sued to evict tenant for creating or permitting a nuisance in her apartment. At trial, landlord's managing agent testified that small groups of people assumed to be tenant's guests smoked, drank, played loud music, and barbecued on the building's stoop. The agent also said there were cluttered conditions inside the apartment, improper use of common areas, a bad smell coming from the unit, and regular police visits due to illicit activities conducted on the property. Several other tenants and a police officer also testified. The court granted tenant's request to dismiss the case at that point. Landlord had failed to sufficiently connect tenant or her family to the disruptive conduct at the building.

Kelly v. Williams: Index No. 9889411/17, NYLJ No. 1663674789 (Civ. Ct. Kings; 8/19/22; Gonzalez, J)

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