Tenant's Guest Shattered Glass Door

July 23, 2018

LVT Number: #28527

Landlord sued to evict tenant because tenant's guest committed a nuisance. The guest had kicked a glass door out of frustration and broke the glass, causing damage to the property. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Tenant had lived at the building for 10 years without any other prior incident. There also was no indication that the guest intended to harass landlord. The guest said he was frustrated that another tenant didn't hold the door open for him while his hands were filled with packages and he didn't have a key fob.

Landlord sued to evict tenant because tenant's guest committed a nuisance. The guest had kicked a glass door out of frustration and broke the glass, causing damage to the property. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Tenant had lived at the building for 10 years without any other prior incident. There also was no indication that the guest intended to harass landlord. The guest said he was frustrated that another tenant didn't hold the door open for him while his hands were filled with packages and he didn't have a key fob. The behavior wasn't targeted at anyone, and the guest didn't attempt to hit or assault anyone in particular. The unacceptable action didn't arise to the level of harassing behavior that may constitute nuisance.

London Leasing v. Antonio: 60 Misc.3d 1206(A), 2018 NY Slip Op 50966(U) (Civ. Ct. Queens; 6/12/18; Lansden, J)

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