DOES THIS REEK?
In Cabrini Terrace Joint Venture v. O'Brien, Charles O'Brien appealed a New York County Civil Court decision which awarded possession of his apartment to the landlord.
O'Brien was found to have perpetrated a "nuisance"-- due to the "extreme" odors which emanated from his unit.
Since the misconduct occurred over a "period of years" and showed "no sign of abating," the Appellate Term, First Department, affirmed the lower court's determination.
Bet O'Brien thought that stunk.
To view a copy of the Appellate Term's decision, please use this link: Cabrini Terrace Joint Venture v. O'Brien
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Comments
It appears that the Appellaye Division has decided to take a sniff.
http://www.nycourts.gov/reporter/motions/2009/2009_79144.htm
Posted by: Frank Borak | July 30, 2009 10:56 PM
Thanks for the update, Frank.
Onward!
Posted by: Lucas A. Ferrara, Esq.
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July 30, 2009 11:25 PM