Landlord Didn't Correct Offensive Odor

March 31, 2008

LVT Number: #20316

Tenant sued landlord, claiming that there were offensive odors in the building. Landlord and tenant signed a settlement agreement in court. Landlord said that it would correct the condition. The court later imposed penalties on landlord for failing to comply with the settlement agreement. Landlord appealed, stating that there was nothing to remedy. The appeals court ruled against landlord. Landlord clearly agreed to correct the odors that gave rise to a building violation. Since landlord failed to do so, the court correctly imposed penalties against landlord.

Tenant sued landlord, claiming that there were offensive odors in the building. Landlord and tenant signed a settlement agreement in court. Landlord said that it would correct the condition. The court later imposed penalties on landlord for failing to comply with the settlement agreement. Landlord appealed, stating that there was nothing to remedy. The appeals court ruled against landlord. Landlord clearly agreed to correct the odors that gave rise to a building violation. Since landlord failed to do so, the court correctly imposed penalties against landlord.

Mackof v. 407-413 Owners Corp.: NYLJ, 3/28/08, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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