170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)

Citation: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Parent Document: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-12-11
Original Source: https://www.courtlistener.com/opinion/10292432/170-ny-props-llc-v-edwards/ ↗

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Respondent stated that he uses this door to exit the building more than seven times per week. In addition to leaving for work in the morning, he exits through the door in order to take the trash out: "That is where the trash is." Respondent described the courtyard: there is a big tree in the middle of the courtyard, and to the left when exiting, there are 10 garbage cans against the fence. The garbage cans are plastic; some black, some green. He throws trash out every day. He described the rats referenced in the violations. They are "frightening" and "scary." He sees them whenever he is in the courtyard when it is dark. When you throw out the trash, the rats jump out at you and he has to just leave the trash on the ground and run away. Respondent's R7 and R8, pictures of the courtyard as it looked the morning the trial commenced, December 5, 2024, were admitted over petitioner's objection. R9, a picture of the garbage cans in the courtyard all marked "170," was admitted into evidence after voir dire. R10 through R12 were additional pictures of the courtyard, which were admitted into evidence without objection. Respondent stated that he is scared to use the backyard to go outside. To the best of his knowledge, there are still rats in the courtyard to this day. Respondent testified that management provides extermination services. He is not sure how it works. He has never seen an exterminator in the courtyard.

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