HOW RAMBUNCTIOUS WERE THEY?

In 405 E. 56th St., LLC v. Morano, the New York County Civil Court awarded the landlord a possessory judgment against David and Kathleen Morano after finding that Kathleen had "committed a nuisance by engaging ... in a 'course of conduct' and pattern of 'out of control' behavior" over a number of years.

Kathleen was "confrontational and verbally abusive" to neighbors and building employees, and also allowed her three "rambunctious dogs" to pester other building occupants. (Police were called to intervene on at least two occasions.)

On appeal, the Appellate Term, First Department, found the tenant's behavior "placed an intolerable burden" on the building's other occupants.

A lone dissenter -- Justice William J. Davis -- was of the view that Kathleen's conduct, while "rude, annoying, and bothersome," was a "reality of everyday urban life" which needed to be "tolerated." Davis didn't believe her activities "substantially threatened the health, safety and comfort" of her neighbors. As "aggressive and belligerent" as she was, Justice Davis didn't believe 63-year-old Kathleen and disabled 61-year-old David should forfeit their 28-year stabilized tenancy.

Is this an instance of barks with a bite?

To download a copy of the Appellate Term's decision, please use this link: 405 E. 56th St., LLC v. Morano