Tenant Caused Mattress Fires in Apartment

Landlord sued to evict tenant for nuisance. Landlord claimed that on two occasions, in 2004 and again in 2008, tenant caused mattress fires in his apartment. The Fire Department was called in each case. Neighbors also complained of foul odors of decaying materials coming from tenant’s apartment. The court ruled for landlord. Tenant appealed, claiming that landlord’s termination notice didn’t state enough details about landlord’s claim. Tenant also argued that the 2004 fire was improper grounds for eviction because landlord already raised that issue in a prior nuisance claim. The appeals court ruled against tenant. Landlord’s termination notice described the nuisance with enough detail so that tenant could prepare a defense. And the prior nuisance case was settled by stipulation in 2005. Since there was no court order deciding whether there actually was a nuisance in the prior case, landlord wasn’t barred from raising the 2004 fire in the new case.

200 East 27, LLC v. Gru: NYLJ, 4/6/09, p. 30, col. 3 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)