Tenant Rummaged Through Garbage

Landlord sued to evict 91-year-old tenant and his tenant son for nuisance. Landlord and tenants signed a stipulation that delayed eviction for a year during which tenants agreed not to litter the building or throw garbage out their apartment windows. Landlord later returned to court, claiming that tenants had violated the stipulation. The building superintendent testified that every night the building was clean but that every morning he found garbage scattered in the building courtyard and more garbage beneath tenants' windows. Two off-duty police officers also testified that on separate occasions they watched the building through the night and observed tenant's son leave, rummage through neighborhood garbage cans, tear up garbage bags in the building courtyard and later throw garbage out tenants' apartment window. This all occurred very early in the morning. Tenant claimed he went out and collected cans and bottles for deposit income and that the garbage was placed outside the apartment by the building super. The court ruled for landlord, permitting eviction. The testimony of landlord's witnesses was believable, while tenant's testimony wasn't.

Grand Gardens Apartments Holding Corp. v. Mallard: NYLJ, p. 29, col. 2 (9/13/95) (City Ct. Mt. Vernon; Seiden, J)