Mackof v 407-413 Owners Corp.

[*1] Mackof v 407-413 Owners Corp. 2008 NY Slip Op 50576(U) [19 Misc 3d 131(A)] Decided on March 20, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 20, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570176/07.

Morton Mackof, Petitioner-Tenant-Respondent,

against

407-413 Owners Corp., Respondent-Landlord-Appellant, -and- Department of Housing Preservation and Development of the City of New York, Respondent-Respondent.

Respondent 407-413 Owners Corp. appeals from an order and judgment (one paper) of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), entered on or about August 16, 2006, after a hearing, which awarded respondent Department of Housing Preservation and Development of the City of New York civil penalties in the sum of $3,540 in a housing part enforcement proceeding.

PER CURIAM:

Order and judgment (one paper), entered on or about August l6, 2006 (Joseph E. Capella, J.), affirmed, with $25 costs.

Appellant's liability for civil penalties was firmly established by the hearing evidence, which fully supports the court's express finding that appellant failed to take any corrective action to remedy the "offensive odor" cited in the July 21, 2005 violation order, as it had promised to do in the August 2, 2005 so-ordered stipulation settling the underlying housing part enforcement proceeding. Appellant's stated position at the compliance hearing that there was "simply nothing to remedy" was inconsistent with the unambiguous terms of the settlement stipulation executed through counsel and was clearly insufficient to overcome the statutory presumption that the odors which gave rise to the building violation continued through the date [*2]of the hearing (see Administrative Code of City of NY, § 27-2115[f][7]; Matter of Department of Hous. Preservation & Dev. v Deka Realty Corp., 208 AD2d 37, 46 [1995]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 20, 2008