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DOMEN HOLDING CO v. ARANOVICH

302 A.D.2d 132 (2003)

753 N.Y.S.2d 57

DOMEN HOLDING CO., Appellant, v. IRENE S. ARANOVICH, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

January 7, 2003.

Attorney(s) appearing for the Case

Ida Rae Greer of counsel (Lisa A. Wellman and Melinda P. Lisanti on the brief; Greer & Associates, P.C., attorneys), for appellant.

Adele Bartlett of counsel (Lynn M. Kelly, MFY Legal Services, Inc., attorney), for Irene S. Aranovich, respondent.

MAZZARELLI and WILLIAMS, JJ., concur with TOM, J.P.; ANDRIAS and FRIEDMAN, JJ., dissent in part in a separate opinion by FRIEDMAN, J.

OPINION OF THE COURT

TOM, J.P.

The issue is whether under these circumstances the conduct of the tenant's roommate, which consisted of three incidents over a five-year period, constituted a nuisance as that common-law term has been applied in landlord-tenant disputes in New York City and, if so, whether eviction of the tenants is warranted.

Defendant Irene Aranovich (Aranovich) is the tenant of record for this rent-stabilized apartment. Her brother...

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