Odor from Garbage Dumpster

Landlord sued tenant for three months' back rent after tenant broke his leXase and moved out. The court ruled against landlord. Landlord appealed and lost. After tenant moved into the townhouse, the town of Glen Cove put a garbage Dumpster in front of the townhouse. The Dumpster was used for the trash deposits of all 20 townhouses in the development. The odor was overwhelming, even when tenant kept the windows closed. Landlord was responsible for this breach of the warranty of habitability, and tenant was entitled to a 100 percent rent abatement for the last three months that he lived in the townhouse.

Mayourian v. Tanaka: NYLJ, 4/4/01, p. 23, col. 1 (App. T.2 Dept.; Floyd, PJ, Doyle, Winick, JJ)