Chelsea 18 Partners, LP v. Sheck Yee Mak

90 A.D.3d 38, 933 N.Y.2d 204
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 3, 2011
StatusPublished
Cited by17 cases

This text of 90 A.D.3d 38 (Chelsea 18 Partners, LP v. Sheck Yee Mak) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chelsea 18 Partners, LP v. Sheck Yee Mak, 90 A.D.3d 38, 933 N.Y.2d 204 (N.Y. Ct. App. 2011).

Opinion

OPINION OF THE COURT

Catterson, J.

In this landlord-tenant dispute, we find that the plaintiff landlord has the right to bring an action for common-law nuisance in Supreme Court in the face of defendant tenants’ alleged four-year campaign of premeditated and malicious harassment designed to prevent the landlord from collecting lawful rents and effectively managing and operating its building. The landlord’s complaint includes a litany of allegations amounting to 159 paragraphs in 43 pages, and the landlord seeks injunctive relief in the form of ejectment of the tenants as well as damages in the amount of $45,205.79 and punitive damages in the amount of $500,000.

We note at the outset that this action is clearly distinguishable from the type of action brought by a landlord in housing court where nuisance is a statutorily authorized basis for eviction, and where the action is generally brought for the protec[40]*40tion and safety of a third party, namely the other tenants of a building.

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Cite This Page — Counsel Stack

Bluebook (online)
90 A.D.3d 38, 933 N.Y.2d 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chelsea-18-partners-lp-v-sheck-yee-mak-nyappdiv-2011.