Two Accidental Sink Overflows Didn't Amount to Nuisance

June 16, 2014

LVT Number: #25576

Landlord sued to evict rent-stabilized tenant, claiming that tenant was creating a nuisance. Landlord claimed that tenant was seriously damaging the apartment and interfering with the comfort and safety of other tenants by allowing water to overflow from her kitchen sink. Tenant had lived in the apartment for 25 years with her adult disabled son. The court ruled against landlord and dismissed the case. There had been only two incidents that appeared unintentional and accidental.

Landlord sued to evict rent-stabilized tenant, claiming that tenant was creating a nuisance. Landlord claimed that tenant was seriously damaging the apartment and interfering with the comfort and safety of other tenants by allowing water to overflow from her kitchen sink. Tenant had lived in the apartment for 25 years with her adult disabled son. The court ruled against landlord and dismissed the case. There had been only two incidents that appeared unintentional and accidental. This was insufficient to prove an intentional, continuous, or recurring pattern of behavior that constituted a nuisance.

125 Rockaway Parkway LLC v. Robinson: Index No. LT103232/13, NYLJ No. 1202655058331 (Civ. Ct. Kings; 4/28/14; Cohen, J)

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