What is the test for establishing a claim of nuisance against a landlord for nonpayment of rent?
"New York", United States of America
The following excerpt is from 559 Apartments LLC v. Caver, 28 N.Y.S.3d 648 (Table) (N.Y. Civ. Ct. 2015):
(Id at 1069; see also Century Apartments Associates v. Postel NYLJ 6/3/97, p. 25, col 2 (AT 1st)(nuisance is not established solely by allegations that the landlord was forced repeatedly to commence nonpayment proceedings ).
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