Tenant Didn't Cure Apartment Conditions

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.) Landlord sued to evict tenant for creating harmful apartment conditions. Landlord and tenant signed a settlement agreement in court. Tenant agreed to give landlord access on certain dates, to get rid of apartment clutter and exterminate roaches and bedbugs. Landlord sought eviction when tenant refused to comply with the agreement. Tenant asked the court to vacate the judgment of possession and eviction warrant. The court refused. Tenant appealed and lost. Tenant was represented by an attorney and violated the terms of the settlement agreement. There was no excuse for tenant's failure to give landlord unimpeded access to the apartment. The unremedied apartment conditions remained harmful to the health, safety, and comfort of other building residents.

Premier Company v. Assante: NYLJ, 3/19/12, p. 19, col. 6 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Torres, JJ)