Tenant's Assault Against Super Was Single Incident Insufficient to Prove Nuisance

August 27, 2017

LVT Number: #27864

Landlord sued to evict rent-stabilized tenant for creating a nuisance, claiming that tenant threatened and struck the building super. As a result, the super filed a police report, was treated at a hospital, and obtained an order of protection against tenant. Tenant denied that he assaulted the super and admitted only that he'd had a heated exchange with the super because he was frustrated by the lack of heat in the building. The super testified at trial that tenant hit him with a screwdriver on the back of his head and, while he continued working, he was shaken, in pain, and afraid.

Landlord sued to evict rent-stabilized tenant for creating a nuisance, claiming that tenant threatened and struck the building super. As a result, the super filed a police report, was treated at a hospital, and obtained an order of protection against tenant. Tenant denied that he assaulted the super and admitted only that he'd had a heated exchange with the super because he was frustrated by the lack of heat in the building. The super testified at trial that tenant hit him with a screwdriver on the back of his head and, while he continued working, he was shaken, in pain, and afraid. The court believed the super's testimony and didn't believe tenant's denial of the incident. But one incident didn't rise to the level of a nuisance because there wasn't a continuing course of objectionable conduct. So the case was dismissed.

Pelham 1130 LLC v. Cause: Index No. L&T 18436/16, NYLJ No. 1202793830030 (Civ. Ct. Bronx; 7/13/17; Breier, J)

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