Collyers Condition Not Curable

Landlord sued to evict tenant for creating a nuisance by the dangerous accumulation of refuse and debris that was stacked from floor to ceiling throughout tenant’s apartment, including where the gas stove was located. The court ruled for landlord after trial. Tenant didn’t appeal the decision but sought a delay on execution of the eviction warrant to have an opportunity to cure the condition. The court ruled for tenant.

Landlord appealed and won. The court’s incorrect ruling that the condition was curable was based on a finding that as of June 2013, the odor outside the apartment had abated. But the court also found that as of June 2013, the apartment was extremely cluttered, with a path cleared through the living room, personal property piled high on either side, and mounds of items strewn in front of the stove and refrigerator. The ongoing nuisance condition wasn’t curable. It existed over a substantial period, had not abated, and was likely to continue or recur even though the condition was substantially improved four months after judgment was issued.

443 East 78 Realty LLC v. Tupas: 2015 NY Slip Op 25218, Index No.570444/15 (App. T. 1 Dept.; 6/30/15; Lowe III, PJ, Shulman, Hunter Jr., JJ)