Case Type
Holdover–Nuisance
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-310668-24/KI
Petitioner
Sunset Park LP
Respondent
Jewlien Roberts, John Doe & Jane Doe
Judge
Poley, Julie
Decision/Order Date
2025-04-17
Posture
Pre-answer Motion to Dismiss by Tenant
Disposition
Case Dismissed
Winner
Tenant Substantially Won
Synopsis
In this nuisance holdover proceeding, the landlord alleged two isolated incidents involving the tenant's guests "one in October 2023 involving a guest who banged on the apartment door, and one in February 2024 involving a verbal dispute in the lobby. The tenant moved to dismiss under CPLR § 3211(a)(7), arguing that the termination notice failed to state a cause of action for nuisance under Rent Stabilization Code § 2524.3(b). The court agreed, citing the settled principle that nuisance requires a pattern of recurring objectionable conduct. It found that the two incidents, months apart and involving guests rather than the tenant, were insufficient as a matter of law to constitute nuisance. Practice Note: Nuisance claims against rent-stabilized tenants must allege persistent misconduct by the tenant "not isolated guest conduct "supported by specific, recurring facts in the termination notice.
Recommended Citation
"Sunset Park LP v. Roberts" (2025). All Decisions. 1803.
https://ir.lawnet.fordham.edu/housing_court_all/1803
