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MATTER OF CHI-AM REALTY, LLC v. GUDDAHL

33 A.D.3d 911 (2006)

823 N.Y.S.2d 458

In the Matter of CHI-AM REALTY, LLC, Respondent, v. ROBERT GUDDAHL et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 24, 2006.

Ordered that the order is affirmed, with costs.

The Appellate Term properly affirmed the Civil Court's determination that the tenants permitted a nuisance by allowing their bathroom toilet to overflow on several occasions, causing water to flood into the apartment below (see 9 NYCRR 2524.3 [b]; 57-59 Second Ave. Corp. v Fat Tai Yeung, 2002 NY Slip Op 50124 [U]; Smalkowski v Vernon, 2001 NY Slip Op 40071 [U], *4; Harran Holding Corp. v Johnson...

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