Apartment Occupant's Removal of Lobby Painting Didn't Constitute Nuisance

June 22, 2016

LVT Number: #27041

Landlord sued to evict rent-stabilized tenant for creating a nuisance after an occupant of tenant’s apartment removed a painting from a building lobby wall and left the building with it. Landlord claimed that this endangered the lives of building tenants, visitors, and staff. The court granted tenant’s request to dismiss the case. One cited incident was insufficient to establish a nuisance. The incident didn’t show a clear and continuous danger to the lives of others. And tenant didn’t cause substantial damage to his apartment either negligently or intentionally.

Landlord sued to evict rent-stabilized tenant for creating a nuisance after an occupant of tenant’s apartment removed a painting from a building lobby wall and left the building with it. Landlord claimed that this endangered the lives of building tenants, visitors, and staff. The court granted tenant’s request to dismiss the case. One cited incident was insufficient to establish a nuisance. The incident didn’t show a clear and continuous danger to the lives of others. And tenant didn’t cause substantial damage to his apartment either negligently or intentionally.

 

 

 

Tulane Realty LP v. Cruz: Index No. 79121/15, NYLJ No. 1202757120626 (Civ. Ct. Queens; 4/22/16; Nembhard, J)

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