Foul Odor from Tenant's Apartment

July 31, 1999

LVT Number: 13452

Landlord sued to evict rent-stabilized tenant for nuisance. The court ruled for landlord after a trial, and tenant appealed. The appeals court ruled against tenant. The court's decision was reasonable and based on testimony by a number of witnesses who lived and worked in the building. They stated that tenant permitted offensive and intolerable odors to come from the apartment for a long period of time. Witnesses who testified on tenant's behalf didn't live in the building.

Landlord sued to evict rent-stabilized tenant for nuisance. The court ruled for landlord after a trial, and tenant appealed. The appeals court ruled against tenant. The court's decision was reasonable and based on testimony by a number of witnesses who lived and worked in the building. They stated that tenant permitted offensive and intolerable odors to come from the apartment for a long period of time. Witnesses who testified on tenant's behalf didn't live in the building. Also, tenant didn't have the right to correct the condition because he was being sued for nuisance, not breach of lease.

Mosholu Preservation Corp. v. Fisher: NYLJ, p. 26, col. 1 (7/27/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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