Tenant appeals from a final judgment of the Civil Court, New York County (Cyril K. Bedford, J.), entered June 21, 2004, after a nonjury trial, awarding possession to landlord in a holdover summary proceeding.

PER CURIAM:

Final judgment (Cyril K. Bedford, J.), affirmed, without costs. Execution of the warrant shall be stayed on condition that tenant, within 20 days after service of a copy of this order with notice of entry, permanently removes the cats from the apartment premises.

The trial court's fact-laden determination that tenant committed a nuisance by harboring a "cadre of cats" that caused "nauseating" and "offensive" odors in the building premises, a finding based largely upon the court's on-site inspection and considerations relating to the credibility of witnesses, comports with the weight of the trial evidence and is not disturbed. In the circumstances, we exercise our equitable authority to afford the elderly tenant an opportunity to cure the condition so as to avoid a forfeiture of her long-term tenancy. We have considered and rejected the tenant's remaining arguments.

This constitutes the decision and order of the court.
I concurI concur
Decision Date: April 19, 2006