Three Incidents of Noise Didn't Create Nuisance

August 16, 2016

LVT Number: #27132

Landlord sued to evict rent-stabilized tenant for creating a nuisance by excessive noise on at least three occasions. Tenant denied landlord’s claim and asked the court to dismiss the case without a trial. The court ruled for tenant and dismissed the case. Two of the three incidents described by landlord occurred during daytime hours and for less than one hour each. As a matter of law, the three incidents didn’t arise to a level of a pattern of recurring objectionable conduct that constituted a nuisance.

 

 

 

Landlord sued to evict rent-stabilized tenant for creating a nuisance by excessive noise on at least three occasions. Tenant denied landlord’s claim and asked the court to dismiss the case without a trial. The court ruled for tenant and dismissed the case. Two of the three incidents described by landlord occurred during daytime hours and for less than one hour each. As a matter of law, the three incidents didn’t arise to a level of a pattern of recurring objectionable conduct that constituted a nuisance.

 

 

 

75 Fairview Realty Corp. v. Cepeda: 52 Misc.3d 1206(A), 2016 NY Slip Op 51041(U) (Civ. Ct. NY; 7/12/16; Weisberg, J)

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