Tenant Stopped Using Incense

August 31, 2001

LVT Number: 15210

Landlord sued to evict tenant for creating a strong offensive odor in the building by using incense. The court ruled for landlord. Tenant appealed and lost. But the trial court then gave tenant 10 days to correct the condition after judgment, and tenant did so. Landlord then appealed and lost. Other tenants testified that tenant had, in fact, corrected the condition. So landlord couldn't evict tenant.

Landlord sued to evict tenant for creating a strong offensive odor in the building by using incense. The court ruled for landlord. Tenant appealed and lost. But the trial court then gave tenant 10 days to correct the condition after judgment, and tenant did so. Landlord then appealed and lost. Other tenants testified that tenant had, in fact, corrected the condition. So landlord couldn't evict tenant.

Zenila Realty Corp. v. Margeta: NYLJ, 8/16/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

Topics

More like this