Opinion
October 27, 1998
Appeal from the Civil Court, New York County (Anne Katz, J.).
We decline to disturb the factual determination reached by the Civil Court and a majority of the Appellate Term that the appliances and items removed and replaced or fixed by respondent — including kitchen cabinets, air conditioners, refrigerators and bathroom sink — were in a defective state, and that the landlord did not respond to tenants repeated complaints and demands to have the items fixed ( see, Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495). Accordingly, the unilateral action undertaken by respondent was warranted, and was not a substantial breach of the "no alterations" clause of the lease ( compare, Britton v. Yazicioglu, 189 A.D.2d 734).
Concur — Sullivan, J. P., Rosenberger, Williams and Andrias, JJ. [ See, 175 Misc.2d 498.]