Legal Opinion

239 Mulberry LLC v. Anglisano

Civil Court of the City of New York

Decided March 4, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Michael L. Weisberg, J.

The question before the court concerns what information may be sought via a demand for a bill of particulars in a holdover summary eviction proceeding predicated on allegations of nuisance. Petitioner alleges that respondent or other occupants of the apartment have thrown feces and urine out the apartment window and that they repeatedly make loud noise. It also alleges that there is a severe clutter condition in the apartment and that the apartment is maintained in a way that constitutes a health and fire hazard. Finally, petitioner al*871leges that the…

2Cases cited6 opinions

  1. Zayas v. MoralesAppellate Division of the Supreme Court of the State of New York · 1974
  2. City of New York v. ValeraAppellate Division of the Supreme Court of the State of New York · 1995
  3. Miccarelli v. FleissAppellate Division of the Supreme Court of the State of New York · 1995
  4. Eagle-Picher Lead Co. v. Mansfield Paint Co.Appellate Division of the Supreme Court of the State of New York · 1922
  5. D.K. Property, Inc. v. Mekong Restaurant Corp.Appellate Terms of the Supreme Court of New York · 2001

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