Summary
In Stratton (211 AD2d at 559), the tenant's accumulation of newspapers and debris constituted a nuisance because it created a fire risk.
Summary of this case from Masuda v. MazzeiOpinion
January 24, 1995
Appeal from the Supreme Court, First Department.
This holdover proceeding was commenced in October 1990 based on nuisance, specifically the accumulation of newspapers and debris in respondent's apartment causing a health and fire hazard (see, Frank v. Park Summit Realty Corp., 175 A.D.2d 33, mod on other grounds 79 N.Y.2d 789). After numerous adjournments and stipulations, giving respondent ample time to cure with the assistance of numerous community organizations, which cure was not effected due to respondent's refusal of access to her apartment, a stay of the warrant of eviction was lifted.
Appellate Term properly declined to remand this proceeding to the Civil Court to fashion a remedy under article 81 of the Mental Hygiene Law and allow for the appointment of a guardian ad litem for the limited purpose of assisting with the clean-up, as there was no evidence that such appointment would solve the problem of access to the apartment. While the court acknowledged its sympathy for the tenant, it properly balanced the rights of the other tenants whose health and safety were at risk and declined to grant a further stay of the execution of the warrant.
Concur — Sullivan, J.P., Wallach, Kupferman and Ross, JJ.