Opinion
570642/15
02-18-2016
150 West 21st LLC, Petitioner-Landlord-Appellant, - " v. John Doe," Respondent-Tenant-Respondent.
PRESENT: Schoenfeld, J.P., Shulman, J.
Landlord appeals from an order of the Civil Court of the City of New York, New York County (Sabrina B. Kraus, J.), dated April 2, 2015, which granted tenant's motion to dismiss the holdover petition at the close of landlord's case.
Per Curiam.
Order (Sabrina B. Kraus, J.), dated April 2, 2015, affirmed, with $10 costs.
Even affording landlord every favorable inference that reasonably could be drawn from the evidence adduced at trial (see Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]), we agree that the landlord failed to establish prima facie that tenant's conduct rose to the level of actionable nuisance. As the court correctly concluded, the tenant's "handful of complaints over the course of more than one year" to one upstairs neighbor "regarding noise," although made in an obnoxious manner, did not constitute a recurring or continuing pattern of objectionable conduct that threatens the comfort and safety of others in the building (see Tsangarinos v Attaway, 43 Misc 3d 142[A], 2014 NY Slip Op 50848[U] [App Term, 1st Dept 2014]). Conspicuously absent from landlord's sparse trial submission was any competent evidence supporting its broad allegations that tenant engaged in a "reign of terror directed at other tenants," which has "placed tenants in fear for their safety and for their lives." THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur I concur Decision Date: February 18, 2016