Tenant's Assault Against Super Was Single Incident Insufficient to Prove Nuisance

LVT Number: #27864

Landlord sued to evict rent-stabilized tenant for creating a nuisance, claiming that tenant threatened and struck the building super. As a result, the super filed a police report, was treated at a hospital, and obtained an order of protection against tenant. Tenant denied that he assaulted the super and admitted only that he'd had a heated exchange with the super because he was frustrated by the lack of heat in the building. The super testified at trial that tenant hit him with a screwdriver on the back of his head and, while he continued working, he was shaken, in pain, and afraid.

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Pelham 1130 LLC v. Cause: Index No. L&T 18436/16, NYLJ No. 1202793830030 (Civ. Ct. Bronx; 7/13/17; Breier, J)