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Tenant created nuisance by filing repeated complaints.


Landlord sued to evict tenant for creating a nuisance. Landlord showed that tenant repeatedly filed complaints against landlord with the DHCR and HPD. Tenant also started an HP proceeding against landlord, which resulted in the placement of violations for conditions in tenant's apartment. Tenant then refused to allow landlord, DHCR, and court personnel access to the apartment to inspect and repair conditions. This conduct continued after landlord started the nuisance holdover. Landlord claimed that no trial was needed and asked the court to rule in its favor based on its documentation of tenant's actions. The court ruled against landlord, who appealed and won. Landlord proved that tenant had created a nuisance, and there was no question of fact that required a trial.

* Pefko Realty LLC v. Nissim: NYLJ, 1/27/12, p. 32, col. 2 (App. T. 2 Dept.; Pesce, PJ, Rios, Steinhardt, JJ)
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Publication:New York Landlord v. Tenant
Date:Feb 1, 2012
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