Landlord-Tenant—Rent Stabilization—Nuisance—False Allegations to the Police—Smoking Out of Apartment Window—Damage to Vehicles—Threat to “Destroy” the Landlord
A landlord commenced a nuisance proceeding, alleging that a rent-stabilized tenant had, inter alia, been smoking out of her living room window. Although the tenant moved for summary judgment, based on the arguments that the tenant made, the court deemed such motion to be a motion to dismiss for failure to state a cause of action, pursuant to CPLR 3211(a)(7).
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