The main evidence relied on by Civil Court in finding that the apartment is so cluttered with papers, refuse and/or rubbish as to constitute a nuisance are violations that were issued by the New York City Department of Housing Preservation and Development after inspections conducted on February 25 and June 16, 2002. At the trial held on December 17, 2002, tenant testified that he had removed the clutter and that emergency health problems had forced him to cancel court-ordered...
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