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CABRINI TERRACE JOINT VENTURE v. O'BRIEN

2341, 570255/08

71 A.D.3d 486 (2010)

896 N.Y.S.2d 339

CABRINI TERRACE JOINT VENTURE, Respondent, v. CHARLES O'BRIEN, Appellant.

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

Decided March 11, 2010.

The trial court's findings, based largely on credibility, are not against the weight of the evidence (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). The conditions in tenant's apartment were properly found harmful to the health, safety and comfort of others based on testimony of roach and rodent infestation, clutter, offensive odors, and stacked newspapers and wiring in disarray, as well as of tenant's refusal of...

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