Tenant Claims Landlord's Nuisance Case Was Improper

February 1, 2009

LVT Number: #20995

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court resolving the case. Tenant then sued landlord in small claims court, claiming that landlord's commencement of the nuisance case was malicious prosecution and abuse of process. The court ruled against tenant. Tenant appealed and lost. Tenant didn't win the nuisance case; the case was settled. Therefore, the fact that landlord started that case can't be considered an abuse of legal process.

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court resolving the case. Tenant then sued landlord in small claims court, claiming that landlord's commencement of the nuisance case was malicious prosecution and abuse of process. The court ruled against tenant. Tenant appealed and lost. Tenant didn't win the nuisance case; the case was settled. Therefore, the fact that landlord started that case can't be considered an abuse of legal process.

Tepler v. Cohen: NYLJ, 1/13/09, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, Heitler, J)

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