In ST Owner LP v. Yeremenko , a landlord sought to evict Alexander and Svetlana Yeremenko for acts which comprised a"nuisance."
When the New York County Civil Court granted the landlord's request, the Yeremenkos appealed to the Appellate Term, First Department.
Because an "overpowering odor of feces" emanated from the tenants' unit, and they repeatedly propelled bags of feces from their apartment window, the AT1 was of the view such acts were incurable due to the "health risk" posed to others.
Certainly, a shitty result for the Yeremenkos.
To download a copy of the Appellate Term's decision, please use this link: ST Owner LP v. Yeremenko