Trial Required on Whether Tenant Cured Nuisance

January 1, 2004

LVT Number: 17074

Landlord sued to evict rent-controlled tenant for creating a nuisance based on the cluttered condition of her apartment. The court ruled for landlord but delayed eviction to give tenant time to cure. Landlord later asked the court to vacate the delay of execution of the eviction warrant based on tenant's failure to cure. The court ruled for landlord. Tenant appealed, claiming that she wasn't given time to cure the condition. The appeals court ruled against tenant. The court gave tenant 17 days to cure and delayed execution of the eviction warrant during that time.

Landlord sued to evict rent-controlled tenant for creating a nuisance based on the cluttered condition of her apartment. The court ruled for landlord but delayed eviction to give tenant time to cure. Landlord later asked the court to vacate the delay of execution of the eviction warrant based on tenant's failure to cure. The court ruled for landlord. Tenant appealed, claiming that she wasn't given time to cure the condition. The appeals court ruled against tenant. The court gave tenant 17 days to cure and delayed execution of the eviction warrant during that time.

4G Realty LLC v. Vitulli: NYLJ, 12/23/03, p. 30, col. 2 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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