Garden Gnome Didn't Create Unsafe Condition

Landlord sued to evict rent-stabilized tenant for creating unsafe conditions at the building. Landlord and tenant signed a settlement agreement in court by which tenant agreed not to obstruct egress to the building's fire escape. Landlord later claimed that tenant breached the agreement and asked the court for permission to proceed with eviction. The court ruled against landlord, who appealed and lost. Landlord claimed that tenant placed a six-inch garden gnome figurine next to his apartment entrance door, as well as a thin wooden board right up against the hallway wall. But landlord failed to show how this blocked egress to the fire escape, which was the only activity prohibited by the settlement agreement. Tenant also claimed that the building super gave him permission to place the figurine near his apartment door, and that the wooden board was placed against the hallway wall for only a day or two. Landlord failed to prove that these actions caused any danger to life, health, and safety at the building.

Christopher Street Associates v. Avchen: 42 Misc.3d 138(A), 2014 NY Slip Op 5015(U) (App. T. 1 Dept.; 2/7/14; Lowe III, PJ, Schoenfeld, Shulman, JJ)