Boxes Left at Curb

DOS issued a violation notice to landlord for loose rubbish left at the curb. The inspector found loose cardboard boxes not tied or taped up. Landlord claimed a plumber had left the box there after delivering a water heater to the building. Tenant had called DOS and asked what to do with the box. Tenant claimed he wasn't told to break the box down. The ALJ ruled against landlord and fined him $50. Landlord appealed. ECB ruled against landlord. Landlord didn't prove that tenant made any inquiry as to what should be done with the box. And the supposed failure of DOS to advise tenant what to do wasn't an excuse for landlord's failure to properly secure the box outside the building.

City of New York v. Savidge: ECB App. No. 19430 (10/25/95) [2-page document]