Legal Opinion

Pinehurst Construction Corp. v. Schlesinger

Appellate Terms of the Supreme Court of New York

Decided April 24, 2006PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Final judgment, entered May 10, 2004, affirmed, with $25 costs.

There is ample record evidence to sustain the trial court’s express factual findings that tenant committed a nuisance (see 9 NYCRR 2524.3 [b]) by engaging over a period of years in an “escalating pattern” of “hostile” and “disturbing” behavior, manifested primarily through her recurrent conduct in banging on her apartment ceiling throughout the night and yelling epithets at and otherwise “hold[ing] dominion over the lives of whomever occupies” the apartment directly above her apartment. While the court…

3Cases cited5 opinions

  1. Frank v. Park Summit Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Frank v. Park Summit Realty Corp.New York Court of Appeals · 1991
  3. City of New York v. ValeraAppellate Division of the Supreme Court of the State of New York · 1995
  4. Stratton Cooperative, Inc. v. FenerAppellate Division of the Supreme Court of the State of New York · 1995
  5. D.K. Property, Inc. v. Mekong Restaurant Corp.Appellate Terms of the Supreme Court of New York · 2001

4Cited by1 opinion

  1. Pinehurst Construction Corp. v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 2007

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