Isolated Incidents over Several Years Don't Warrant Eviction

LVT Number: 15753

Landlord sued to evict tenant for nuisance. Landlord claimed that tenant didn't properly supervise family members and guests. Landlord's termination notice described one incident when guests threw objects from tenant's terrace. Landlord also described one incident when tenant's son was riding a bicycle in the building lobby. Tenant asked the court to dismiss the case, claiming that it was groundless. The court ruled for tenant. Nuisance must be recurring and continuous. Landlord's termination notice only described a few isolated incidents over several years.

Landlord sued to evict tenant for nuisance. Landlord claimed that tenant didn't properly supervise family members and guests. Landlord's termination notice described one incident when guests threw objects from tenant's terrace. Landlord also described one incident when tenant's son was riding a bicycle in the building lobby. Tenant asked the court to dismiss the case, claiming that it was groundless. The court ruled for tenant. Nuisance must be recurring and continuous. Landlord's termination notice only described a few isolated incidents over several years.

Sydney Leasing, LP v. Alishayeva: NYLJ, 3/13/02, p. 20, col. 3 (Civ. Ct. Queens; Katz, J)