| Cabrini Terrace Joint Venture v O'Brien |
| 2009 NY Slip Op 50827(U) [23 Misc 3d 136(A)] |
| Decided on April 29, 2009 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York
County (Gerald Lebovits, J.), entered March 7, 2008, after a nonjury trial, which awarded
possession to landlord in a holdover summary proceeding.
Per Curiam.
Final judgment (Gerald Lebovits, J.), entered March 7, 2008, affirmed, without costs.
The trial court's fact-laden determination that tenant committed a nuisance by creating
pervasive and "extreme" odors stemming from filth and debris inside his apartment, a finding
based largely upon the court's on-site inspection and considerations relating to the credibility of
witnesses, comports with the weight of the trial evidence and is not disturbed. "The service of a
notice to cure for the alternative ground of violation of the lease does not require that a
[postjudgment] opportunity to cure be given where, as here, a nuisance is proven and the court
has found that the tenant's pattern of behavior over a period of years shows no sign of abating'"
(Carnegie Park Assoc. v Graff, 2003 NY Slip Op 51198[U][2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 29, 2009