Judge Jack Stoller

Owner Fishbeyn sought to recover possession of the subject premises in this holdover proceeding against rent stabilized tenant Williams arguing he committed a nuisance. He testified he received complaints about the premises from HPD without Williams informing him in advance of making the complaint, as well as complaints from tenants regarding Williams' aggressive behavior causing one former tenant not to renew her lease. Williams denied many of the allegations against him, including that he never walked up to the current tenant's door, or threatened anyone. The court stated none of the evidence of complaints of the tenants that did not testify was admissible for the truth of the complaints' contents, but only to show Fishbeyn's state of mind. It stated once of the incidents adduced at trial that could conceivably have constituted nuisance conduct was current tenant's testimony that Williams said “I'm going to kill you,” but stated proof this statement constituted a nuisance was compromised. Thus, the court concluded as Fishbeyn did not prove nuisance conduct on more than two instances two years apart, and as proof of the first incident of nuisance was equivocal, it ruled Fishbeyn failed to prove its prima face case, dismissing the proceeding.