Conduct Didn't Amount to Nuisance

July 31, 2005

LVT Number: 18279

Landlord sued to evict tenant for nuisance based on repeated objectionable conduct. The court ruled against landlord. Landlord appealed and lost. Landlord had claimed that tenant showed an empty gun to the building super and had threatened to use it against another building employee. But this incident wasn't reported to the police or building management. The fact that tenant argued with landlord's employees on several occasions during one summer also didn't prove nuisance.

Landlord sued to evict tenant for nuisance based on repeated objectionable conduct. The court ruled against landlord. Landlord appealed and lost. Landlord had claimed that tenant showed an empty gun to the building super and had threatened to use it against another building employee. But this incident wasn't reported to the police or building management. The fact that tenant argued with landlord's employees on several occasions during one summer also didn't prove nuisance. Although the trial court described tenant's conduct as ''obnoxious and unwarranted,'' it wasn't shown to have substantially threatened the comfort and safety of others at the building so as to justify eviction.

CDC Development Co. III, LLC v. Rivera: NYLJ, 7/29/05, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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