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Adam Leitman Bailey, P.C. Wins Vindicated Victory Against Long Term Nuisance Tenant – Appellate Term, First Department Published Decision


APR 29, 2009

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT A February 2009 Term
McKeon, P.J., Schoenfeld, Heitler, JJ.

Cabrini Terrace Joint Venture,

Petitioner-Landlord-Respondent,

-against-

Charles O’Brien,

Respondent-Tenant-Appellant.

NY County Clerk’s No. 570255/08

Calendar No. 08-453

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered March 7, 2008, after a non-jury trial, which awarded possession to landlord in a proceeding.

Per Curiam.
Final judgment (Gerald Lebovits, J.) 2008, affirmed, without costs.

The trial court’s fact-laden determination that tenant committed a nuisance by creating pervasive and “extreme” odors stemming from filth and debris inside his apartment, a finding based largely upon the court’s on-site inspection and considerations relating to the credibility of witnesses, comports with the weight of the trial evidence and is not disturbed. “The service of a notice to cure for the alternative ground of violation of the lease does not require that a [post judgment] opportunity to cure be given where, as here, a nuisance is proven and the court has found t hat the tenant’s pattern of behavior over a period of years shows no sign of abating” (Carnegie Park Assoc. v Graff, 2003 NY Slip Op 51198 [U] (2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS