The issue here is that they are not going to be criminally charged. Ergo, you are left with the civil option.
Constructive eviction is a cause of action for a landlord/tenant matter only
, as exemplified in Barash v. PA. TERM. REAL ESTATE CORP., 26 NY 2d 77 - NY: Court of Appeals 1970
However, you still have another cause of action here - possibly - nuisance
. Nuisance is defined one may be liable for a private nuisance where the wrongful invasion of the use and enjoyment of another's land is intentional and unreasonable. The elements of such a private nuisance, as charged in effect by the Trial Justice, are: (1) an interference substantial in nature, (2) intentional in origin, (3) unreasonable in character, (4) with a person's property right to use and enjoy land, (5) caused by another's conduct in acting or failure to act (Restatement, Torts
, § 822); Copart Inds. v. Con Ed, 41 NY 2d 564 - NY: Court of Appeals 1977
If you feel that this is the case here, you can pursue litigation
. If you win, you can get an injunction, and also ask for punitive damages
. Punitive damages are available in New York if you can prove "conscious or reckless disregard." Welch v. Mr Christmas Inc., 440 N.E.2d 1317 (1982).
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