[U] 107-109 East 88Th Street Llc V. Nowillo

Petitioner commenced this holdover proceeding against respondent Luis Nowillo alleging that he committed or permitted a nuisance in his rent-controlled apartment by causing two fires, in July 2002 and in October 2004. Petitioner argues that respondent's gross negligence led to substantial damage to the premises, thereby interfering with the comfort and safety of the other tenants, occupants, and employees in the building. (See NYC Rent & Evict Regulations [9 NYCRR] § 2204.2 [a]; NYC Admin Code § 26-408 [a] [2].) Respondent, a 71-year-old man who has lived in his apartment for 47 years, argues that petitioner's electrician caused the July 2002 fire and that although respondent inadvertently caused the October 2004 fire, one fire is not enough for an eviction.