Tenant Didn't Give Access for Engineering Inspection

LVT Number: #25461

Tenant sued landlord in an HP enforcement proceeding, claiming that there was a continual noise or vibration in her apartment. Landlord and tenant, by their attorneys, signed a stipulation in court. Tenant agreed to give landlord's engineer access for inspection. When tenant failed to provide the access, the court dismissed the case. Tenant appealed and lost. Tenant acknowledged that she inexcusably violated the express terms of the stipulation. Without access, the engineer couldn't determine the source or cause of any continued noise or vibration conditions.

Tenant sued landlord in an HP enforcement proceeding, claiming that there was a continual noise or vibration in her apartment. Landlord and tenant, by their attorneys, signed a stipulation in court. Tenant agreed to give landlord's engineer access for inspection. When tenant failed to provide the access, the court dismissed the case. Tenant appealed and lost. Tenant acknowledged that she inexcusably violated the express terms of the stipulation. Without access, the engineer couldn't determine the source or cause of any continued noise or vibration conditions.

Torres v. Bellevue South Associates: Index No. 571011/13, 2014 NY Slip Op 50379(U) (App. T. 1 Dept.; 2/6/14; Lowe III, PJ, Schoenfeld, Shulman, JJ)