A petitioner commenced a holdover proceeding, seeking possession of an apartment on the ground, inter alia, that the respondents “have been committing a nuisance.” Following a trial, the court awarded the petitioner a judgment of possession. The court thereafter held hearings as to whether the nuisance continued and had calendared the matter for Feb. 23, 2021 for submission of post-hearing memoranda.
On Dec. 14, 2020, the court found that the respondents had committed a nuisance. They had “caused two leaks serious enough to warrant claims filed with insurance companies, one of which exceeded $15,000….” They had not reported the leaks to the petitioner. They also “caused unreasonable delays in access needed to repair the leaks” and resisted the petitioner’s efforts to address the leak. They restricted the petitioner’s “scope of work, and would not let workers in while respondents were away for periods of time.” In May and June of 2018, they “attached unreasonable conditions to access….” A co-respondent had “constructed a barrier of chairs…to limit petitioner’s inspection of the…premises.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]