ZIPPER v. HAROLDON COURT CONDOMINIUM


39 A.D.3d 325 (2007)

835 N.Y.S.2d 43

SHEILA ZIPPER et al., Respondents, v. HAROLDON COURT CONDOMINIUM et al., Appellants, and REBECCA ROSENBAUM, Also Known as REBECCA LUKOWSKY, Respondent.

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

Decided April 17, 2007.


The trial court's finding that Rosenbaum did not create a nuisance warranting her eviction appears to have been based upon an unreasonable and unsupportable finding that the odors complained of were only occasional and of the type that are unavoidable in close city quarters, an "`inescapable reality of urban life'" (quoting Stiglianese v Vallone, 168 Misc.2d 446, 452 [1995], revd 174 Misc.2d 312

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