Landlord Didn't Prove Case

January 1, 1996

LVT Number: 10306

Landlord sued to evict tenant for nuisance. The Suffolk County court ruled for landlord, and tenant appealed. The appeals court reversed and ruled for tenant. Landlord hadn't proven sufficient grounds for eviction. There was no claim in landlord's termination notice of a fire in tenant's apartment. Proof of such a fire wasn't admissible. There was also no sufficient proof of roach infestation in tenant's apartment or originating from there. Tenant also showed that his apartment clutter had been substantially reduced and that his apartment was being cleaned twice a week.

Landlord sued to evict tenant for nuisance. The Suffolk County court ruled for landlord, and tenant appealed. The appeals court reversed and ruled for tenant. Landlord hadn't proven sufficient grounds for eviction. There was no claim in landlord's termination notice of a fire in tenant's apartment. Proof of such a fire wasn't admissible. There was also no sufficient proof of roach infestation in tenant's apartment or originating from there. Tenant also showed that his apartment clutter had been substantially reduced and that his apartment was being cleaned twice a week.

Brookwood Management v. Dense: NYLJ, p. 31, col. 3 (12/12/95) (App. T. 2 Dept.; Stark, JP, Collins, Luciano, JJ)

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