Tenant Shira Kalish and respondent-undertenant Bradley Kalish appeal from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered September 8, 2008, which denied their motion for summary judgment dismissing the petition in a holdover summary proceeding.

Per Curiam.

Order (David J. Kaplan, J.), entered September 8, 2008, reversed, with $10 costs, the motion granted to the extent of awarding tenant summary judgment dismissing the petition, tenant's first through fifth counterclaims severed, and the matter remanded to Civil Court to determine tenant's entitlement to attorney's fees, upon such a demonstration, for an inquest to determine the amount due tenant therefor.

A nuisance is a recurring or continuing pattern of objectionable conduct by a tenant that threatens the comfort and safety of others in the building (see Domen Holding Co. v Aranovich, l NY3d 117, 125 [2003]; Frank v Park Summit Realty Corp., 175 AD2d 33, 34 [1991], mod on other grounds 79 NY2d 789 [1991]). In the absence of any claim or showing that tenant's alleged refusal to allow the landlord access to the subject apartment to remedy the lead paint condition therein in any way affected other building residents, landlord failed to state an actionable claim for nuisance (cf. 12 Broadway Realty, LLC v Levites, 44 AD3d 372 [2007]). Nor are the landlord's unadorned assertions that tenant is "belligerent" and "impossible to work with" sufficient to require a trial on the nuisance claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THIS COURT. [*2]
Decision Date: January 28, 2009