Appellate Term of the Supreme Court of New York, First DepartmentFeb 22, 2008
570068/03 (N.Y. Misc. 2008)


Decided on February 22, 2008.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Pam B. Jackman-Brown, J.), entered November 22, 2006, after a nonjury trial, which awarded possession to landlord in a nuisance holdover summary proceeding.

PRESENT: McKeon, P.J., Davis, Heitler, JJ.

Final judgment (Pam B. Jackman-Brown, J.), entered November 22, 2006, affirmed, without costs.

Based upon the testimonial and photographic evidence presented at the (second) trial of this 2002 nuisance holdover proceeding, and the negative inference arising from the tenant's repeated refusal to grant the court access to visually inspect the subject apartment, we find no cause to disturb the court's fact-laden determination that an actionable nuisance was created by the tenant's excessive accumulation of "papers, debris and refuse," which had "taken over all livable space" in the demised premises. Tenant, having failed to remedy the demonstrated nuisance conditions despite ample opportunity to do so during the protracted proceedings below, was not entitled to a further stay of execution of the warrant of eviction so as to effectuate the cure so long resisted ( see Stratton Cooperative, Inc. v Fener, 211 AD2d 559; see also Frank v Park Summit Realty Corp., 175 AD2d 33, mod on other grounds 79 NY2d 789).

This Constitutes the Decision and Order of the Court.