Ocean Neck Apts. Co., LLC v. Weissman

OPINION OF THE COURT

Memorandum.

Final judgment reversed without costs, and matter remanded for a determination of the amount of rent and/or use and occupancy to be awarded to landlord and for entry of a final judgment in favor of landlord.

In this nuisance holdover proceeding, housing court dismissed the proceeding after trial. The court ruled that four occasions of flooding within seven weeks from tenant’s rent-stabilized apartment into the apartment directly below tenant’s, together with tenant’s denial of access to landlord’s agents on these occasions, did not establish a nuisance.

We…