Tenant's Roommate Ordered to Wear Mask in Building

Landlord sued tenant Tobi and his roommate Lilley in State Supreme Court, claiming nuisance and refusal to grant access for repairs. Landlord sought a preliminary order: (a) directing tenant Tobi to grant access to his apartment so landlord could inspect and repair a water leak; (b) preventing Lilley from entering the building; (c) enjoining and restraining Lilley from assaulting, harassing, menacing, recklessly endangering, intimidating, or threatening other building residents; and (d) stopping Lilley from creating unreasonable health or safety risks to building residents.

The court ruled for landlord in part. A preliminary injunction will be issued only if a plaintiff shows, with convincing proof, a likelihood of success on the merits, irreparable injury absent granting of a preliminary injunction, and that a balancing of the equities favors its position. The court ordered tenant to permit apartment access to landlord. Landlord demonstrated that it had a right under law and tenant's lease to access the apartment to inspect and repair the water leak. Tenant's claim that he stopped using an air conditioner that may have caused the leak didn't resolve the problem, and landlord had a right to enter and make sure the leak didn't recur.

As to Lilley, while noting that landlord may ultimately prove its nuisance claim, there was insufficient proof at this point since landlord relied on hearsay from tenants who complained that Lilley threatened and/or verbally abused building staff on many occasions during April, May, and June 2020. However, the court granted an order that Lilley wear a mask in the building to provide some security to building personnel and others while restraining Lilley from continuing any unlawful or wrongful activities.

400 W. 59th St. Partners LLC v. Oyolesi: Index No. 157420/2020, 2020 NY Slip Op 34334(U)(Sup. Ct. NY; 12/31/20; Goetz, J)