Chronic Nonpayment Not Nuisance

LVT Number: 10980

Landlord sued to evict tenant for nuisance, based on chronic nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and dismissed the case. Landlord's chronic nonpayment claim wasn't sufficient to make out a case of nuisance.

Landlord sued to evict tenant for nuisance, based on chronic nonpayment of rent. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and dismissed the case. Landlord's chronic nonpayment claim wasn't sufficient to make out a case of nuisance.

Bayshell Realty Co. v. Johnson: NYLJ, p. 24, col. 6 (10/9/96) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)