Single Incident with Tenant's Dog Didn't Amount to Nuisance

June 15, 2015

LVT Number: #26210

Landlord sued to evict tenant for nuisance because tenant kept a dog in violation of his lease, the dog bit a child outside the building, and this caused a confrontation between tenant and the child’s mother. Tenant asked the court to dismiss the case, claiming that the incidents described by landlord didn’t amount to nuisance. The court agreed with tenant and dismissed the case. The claimed confrontation with the child’s mother was a continuation of a single incident, not a separate act.

Landlord sued to evict tenant for nuisance because tenant kept a dog in violation of his lease, the dog bit a child outside the building, and this caused a confrontation between tenant and the child’s mother. Tenant asked the court to dismiss the case, claiming that the incidents described by landlord didn’t amount to nuisance. The court agreed with tenant and dismissed the case. The claimed confrontation with the child’s mother was a continuation of a single incident, not a separate act. The dog weighed 16 pounds, and the child required no medical attention as a result of the claimed dog bite. This wasn't a case of vicious and repeated attacks by a tenant’s dog. 

 

 

 

 

236-1 Development Assoc. LP v. Hernandez: Index No. L&T96926/2014, NYLJ No. 1202727375387 (Civ. Ct. Kings; 5/15/15; Cohen, J)

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