Because Christian and Anna Daza renovated their bathroom without their landlord's consent, a nuisance (eviction) proceeding was filed against them.
After the Queens County Civil Court dismissed the case, the landlord appealed.
Because nuisance requires continuing or recurring conduct, which interferes with the use or enjoyment of property and/or threatens "comfort and safety," the Appellate Term, Second Department, agreed that the case had been appropriately ended.
Absent flooding, the use of unlicensed contractors, the lack of permits, or other improper or unsafe conduct, the AT2 thought that a "nuisance" hadn't been demonstrated--particularly in light of the tenants' purported "cure."
Now that had to be irksome.
To view a copy of the Appellate Term's decision, please use this link: Warren, LLC v. Daza