In 12 Broadway Realty, LLC v. Levites , Broadway Realty filed a nuisance (holdover) case against Laura Levites.
At issue, was Levites' refusal to allow her landlord access to the apartment to remedy a mouse infestation.
Broadway sent Levites a notice to cure, which afforded her 10 days from its receipt to begin a correction of the problem. While the document referred to the correct lease provision, since it erroneously claimed that she had only ten days to cure (rather than 10 days to begin a cure), Levites moved for the case's dismissal.
The New York County Civil Court granted Levites' request and, on appeal, the Appellate Term, First Department affirmed. But, when the case reached the Appellate Division, First Department, that higher court viewed the dispute quite differently.
According to the AD1, the lease required "not only that [Levites] must begin to cure within 10 days, but also that she must 'continue to do all that is necessary to correct the default.'" Since Broadway had submitted an affidavit from a building manager, which indicated Levites failed to continue to abate the condition, "a triable issue of fact" existed as to whether Levites complied with her lease. As a result, summary judgment in the tenant's favor was viewed as inappropriate and the case was reinstated for a formal hearing or trial.
While Levites argued that she was not guilty of a "nuisance" -- in that the condition only impacted her unit -- the AD1 was unpersuaded by that posture since mice are known to spread from one part of a building to another and that "[a] tenant's refusal to allow a landlord access to her apartment to correct a condition that threatens the health and safety of others in the building can constitute a nuisance."
Will someone please give our regards to Broadway (particularly now that the strike is long over)?
To view a copy of the Appellate Division's decision, please use this link: 12 Broadway Realty, LLC v. Levites
To view a copy of the Appellate Term's decision, please use this link: 12 Broadway Realty, LLC v. Levites (A.T.)