One Incident Where Roommate Attacked Security Guard Didn't Create Nuisance

Landlord sued to evict rent-stabilized tenant for creating or permitting a nuisance, based on actions of tenant's roommate. Tenant asked the court to dismiss the case, arguing that the actions alleged didn't amount to nuisance. The court ruled for tenant and dismissed the case without prejudice. New York's highest court has defined "nuisance" to require a "continuous invasion of rights--a pattern of continuity or recurrence of objectionable conduct." In this case, landlord cited only one incident, claiming that tenant's roommate cursed at and punched a building security officer. At the time, the police arrested tenant and an EMT treated the security officer. But, while serious, this single incident wasn't enough to constitute nuisance.

Singapore Leasing LP v. Diaz: 59 Misc.3d 1222(A), 2018 NY Slip Op 50644(U) (Civ. Ct. NY; 4/16/18; Kullas, J)