Fire from Cigarette on Tenant's Fire Escape Didn't Create a Nuisance

Landlord sued to evict tenant for creating a nuisance. Before starting the court case, landlord sent tenant a notice to cure stating that tenant violated her lease by installing a partition and using a washing machine in the apartment. Landlord then sent tenant a termination notice claiming that lease violations weren't cured before Sept. 20, 2019, when the apartment was damaged by a fire. But the termination notice admitted that the two lease violations cited in the cure notice had been cured before the termination notice was served. Landlord claimed the eviction proceeding was based on a claim of nuisance, not breach of lease. Its termination notice focused on the fire and noted that tenant was given two notices to remove stored items from the fire escape. The fire started from a cigarette that ignited the items on the fire escape. Tenants claimed that the cigarette was tossed from upstairs. The court granted tenant's request to dismiss the case, and ruled against landlord. A single fire didn't constitute a nuisance, and the breaches of the lease cited in the cure notice all had been cured before the termination notice was issued.

The George Units v. Diaz: Index No. 53738/20, NYLJ No. 1623922035 (Civ. Ct. NY; 6/15/21; Schneider, J)