Tenant's Smoking Didn't Create a Nuisance

Landlord sued to evict rent-controlled tenant for creating a nuisance. After a trial, the jury ruled for landlord, but the court granted tenant's request to set aside the jury verdict and dismiss the case. Landlord appealed and lost. While trial court evidence showed that tenant smoked in her apartment, there was no house rule or provision in the lease that prohibited such conduct. There also was no proof that tenant smoked in the building's common areas. As a matter of law, tenant's smoking didn't constitute a nuisance, and the court correctly set aside the jury verdict. And, while there was testimony of arguments between tenant and other residents, these were isolated incidents that didn't rise to the level of nuisance.

Jovic v. Blue: 56 Misc.3d 136(A), 2017 NY Slip Op 50997(U) (App. T. 2 Dept.; 8/4/17; Pesce, PJ, Weston, Aliotta, JJ)