April 23, 2007

If you smell somebody, tell somebody.

The First Department found a nuisance which warranted tenant's eviction in Zipper v Haroldon Ct. Condominium, decided on April 17, 2007. The court found credible testimony that the odors coming from tenant's apartment were not of the unavoidable variety but of a kind caused by rotting food. Tenant had offered witness testimony denying any such odors but the court credited the testimony of firefighters who had visited the apartment - unannounced - a month prior to trial. In addition to the odor, one firefighter referred to "Collier-like conditions" in the apartment, which was cluttered with furnishing, boxes and debris. The court was singularly unimpressed by the fact that that the odor was slightly less noxious when the apartment's door was closed. Let's get moving.