Condo Board Seeks Damages from Unit Owner for His Tenants' Nuisance Behavior

Landlord, a condominium board of managers, sued a condo unit owner for permitting and failing to adequately address the nuisance behavior of tenants he had rented the apartment to. The board sought declaratory and injunctive relief as well as a money judgment. The court granted the board a temporary restraining order barring specific instances of nuisance behavior. While this case was pending, the unit owner sued the tenants in housing court and they moved out. The board advised the court that injunctive relief was no longer needed but still sought money damages for costs it claimed were incurred as the result of the nuisance behavior. The board also sought attorney's fees. The unit owner later asked the court to dismiss the case, claiming that the board failed to complete discovery or otherwise move the case forward for trial.

The court ruled against the unit owner. The board showed that its claims had merit, and that it couldn't have filed a Note of Issue within the prescribed time since discovery was outstanding and the case wasn't yet trial ready.

Board of Mgrs. of the Dorchester Towers Condominium v. Hwang: Index No. 161833/2018, 2024 NY Slip Op 30030(U)(Sup. Ct. NY; 1/4/24; Schumacher, J)