ST Owner LP v Yeremenko

[*1] ST Owner LP v Yeremenko 2009 NY Slip Op 50289(U) [22 Misc 3d 136(A)] Decided on February 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 20, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570470/08.

ST Owner LP, Petitioner-Landlord-Respondent,

against

Alexander Yeremenko and Svetlana Yeremenko, Respondents-Tenants-Appellants.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), entered June 10, 2008, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

Per Curiam.

Final judgment (Brenda S. Spears, J.), entered June 10, 2008, affirmed, with $25 costs.

A fair interpretation of the evidence supports the trial court's determination that tenant engaged in a recurring and continuing pattern of objectionable conduct constituting a nuisance (see Rent Stabilization Code [9 NYCRR] § 2524.3[b]; Domen Holding Co. v Aranovich, 1 NY3d 117 [2003]). The record shows that bags containing feces were repeatedly dropped from the window of the subject apartment to the ground below, and that the apartment itself had an overpowering odor of feces (see Zipper v Haroldon Ct. Condominium, 39 AD3d 325 [2007]). Nor were tenants entitled to an opportunity to cure the objectionable conduct, which indisputably poses a health risk to others (see Matter of Chi-Am Realty, LLC v Guddahl, 33 AD3d 911 [2006]). We have considered tenants' remaining arguments and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur


I concurI concur



Decision Date: February 20, 2009