Landlord's Nuisance Claims for Tenant Smoking Were Too Vague

Landlord sued to evict tenant for violating a substantial obligation of her tenancy and for creating a nuisance. Landlord claimed that tenant failed to provide access for repairs and created a nuisance by smoking in the building. Tenant asked the court to dismiss the case. She claimed that landlord's court petition was defective because it didn't sufficiently allege facts upon which its claims were based. The court agreed and dismissed the case. Landlord didn't identify anyone who observed an odor coming from tenant's apartment or was affected by tenant's smoking, and didn't provide dates or times when access was supposedly denied. While there was no bright-line rule concerning what to include in a cure notice, termination notice, or petition, landlord's failure to provide any names, dates, and specific instances of misconduct denied tenant information to prepare a defense.

Nilou and Assocs. Realty v. Patton: Index No. 63137/18, NYLJ No. 1549590558 (Civ. Ct. NY; 1/4/19; Nembhard, J)