Tenant Banged on Walls

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Facts:Landlord sued to evict tenant for creating a nuisance by repeatedly banging on walls and pipes over the years. Tenant was mentally ill and believed that doing so would prevent a heart attack. Several tenants and building employees testified at the trial about tenant's conduct. Tenant asked the court to dismiss the case. He claimed that his lease clause barring nuisances was a ''condition subsequent,'' requiring a notice to cure, not a ''conditional limitation'' that automatically terminated tenant's lease. Court:Tenant loses. The lease clause created a conditional limitation. And RPAPL Section 711(1) allowed landlord to bring an eviction case based on tenant's objectionable conduct. Housing court was the proper place to sue tenant. While sympathetic to tenant, the court found he clearly created a nuisance. The court gave landlord a judgment of possession.

Carnegie Park Assocs. v. Graff: NYLJ, 6/26/02, p. 19, col. 3 (Civ. Ct. NY; Hoffman, J)