At trial, in support of their claims for nuisance, the Pavias presented evidence of conduct directed at the Pavias and at a tenant who leased the apartment above the Couris. This evidence indicated that sometime during 2000, the Pavias' relationship with the Couris deteriorated, and that Couri began a course of conduct which resulted in the commencement of this action seeking ejectment.
The Pavias testified that Couri made repeated and numerous telephone calls to them of a harassing nature, frequently as early as 6:00 AM, made repeated and groundless complaints regarding the Apartment, and engaged in conduct which interfered with their quiet enjoyment of their home. Most significantly, the Pavias presented evidence that Couri, in connection with their landlord tenant dispute, faxed approximately 200 hundred letters in which he described George Pavia in demeaning and derogatory language, accusing him, without substantiation, of illegal and unauthorized acts and threatened to, and did, complain to agencies and/or investigative bodies about the unsubstantiated allegations. Couri faxed letters to George Pavia, who is an attorney, at his law firm, as well as letters to the New York Times, The New York Law Journal, the Disciplinary Committee of the Appellate Division, First Department, the State Inspector General, and the Internal Revenue Service.
Introduced at trial was evidence of similar conduct by Couri directed to the tenant in the apartment immediately above Couri. Couri made numerous telephone calls to the tenant to complain of activities in the apartment. Couri faxed 40-50 letters to the tenant's places of work containing unsubstantiated allegations and derogatory language. [Footnote: Couri sent harassing letters to the tenant's lawyers, and made unsubstantiated complaints about the tenant's lawyers to the First Department disciplinary committee.]
Additionally, Couri faxed a similar type of letter containing derogatory and demeaning language and unsubstantiated allegations about George Pavia's wife, Antonia Pavia, to a well-known New York hospital where Couri mistakenly believed she was employed.
The Pavias argued not only were the number and content of the communications outrageous, but that by sending the faxes to George Pavia's law firm and to the tenant's places of business, Couri intended to harass, threaten and intimidate the Pavias and the tenant to accede to Couri's demands regarding his complaints about his tenancy.
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