A tenant appealed from a final judgment which awarded a landlord possession in a holdover summary proceeding and denied the tenant a further stay of a warrant of eviction. The landlord cross-appealed from the final judgment which provided the tenant with “a post-judgment opportunity to cure.”

The Appellate Term (court) held that the record supported the trial court’s determination that the tenant had “committed a nuisance…by filing repeatedly complaints against landlord concerning conditions” in the apartment resulting in the placement of violations, and then consistently refusing to allow the landlord to make the necessary repairs. The trial court had found that the tenant’s refusal to permit the repairs was “not based on any repair standards, but ‘upon a visceral distrust of landlord.’”

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