Domen Holding Company v. Aranovich

Index No. 00123182/00 (N.Y. Sup. Ct., New York County , Jan. 21, 2005) ; Clearinghouse Number: 55094

Description

Termination Notice Listing Three Disruptive Events Over Five Years Sufficiently Stated Claim for Nuisance

Abstract

The New York Court of Appeals reinstated landlord’s complaint for eviction based on nuisance against tenant in a rent-stabilized apartment. Landlord served tenant with a termination notice alleging a pattern of antisocial behavior and listing three instances of such behavior. The trial court and appellate division found that the three instances over five years were insufficient to establish nuisance under the Rent Stabilization Code. Finding that the court was not limited to considering the three instances listed in the notice because the notice alleged that the incidents were part of a persistent pattern of altercations, the court of appeals reversed the decision of the appellate division and remanded for trial. The trial court could also consider the severity and circumstances of the listed incidents to support landlord’s claim that tenant was aggressive and prone to violence. On remand, the trial court granted tenant’s motion to amend her answer to claim attorney fees. At the initiation of the suit, tenant’s attorney received Legal Services Corporation (LSC) funding and was precluded from seeking fees, but by the time of the remand and motion to amend she was no longer LSC-funded. Landlord claimed prejudice from the one-year delay and said that landlord might have followed a different procedural course in the action had the claim been made earlier. The court found this claim of harm too speculative. The parties subsequently settled the eviction action.

Additional Information

Attorney Information
Defendant-respondent represented by Adele Bartlett, Lynn M. Kelly, MFY Legal Services, 299 Broadway, 4th Floor, New York, NY 10012 (212.417.3700).
Docket Date
2005-01-21 00:00:00+00:00