Post-Trial Opportunity to Cure Tenant Nuisance Properly Denied

Landlord sued to evict tenant for creating a nuisance. The trial court ruled for landlord after finding that the conditions in tenant’s apartment were harmful to the health, safety, and comfort of others. Witnesses testified that there was roach and rodent infestation, clutter, offensive odors, stacked newspapers, and wiring in disarray. Tenant also refused access. The court also denied tenant any further opportunity to cure the nuisance conditions. Tenant appealed twice and lost in both courts. Testimony and the trial court’s inspection showed that the conditions had existed over a substantial period, had not abated although tenant had been given ample opportunity to do so, and were unlikely to be cured.

Cabrini Terrace Joint Venture v. O’Brien: NYLJ, 3/15/10, p. 26, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Moskowitz, Acosta, Renwick, JJ)