Spinale v. 10 West 66th Street Corporation

Full title: MARY ANN SPINALE, Respondent, et al., Plaintiff, v. 10 WEST 66TH STREET…

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

Date published: Dec 13, 1994

210 A.D.2d 85 (N.Y. App. Div. 1994)

622 N.Y.S.2d 1

Opinion

December 13, 1994

Appeal from the Supreme Court, New York County (Carol Huff, J.).

The IAS Court properly estopped appellant from invoking House Rule 5 (F) where a violation thereof was allegedly caused by alterations undertaken by respondent with appellant's express written consent (see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175, 184), and also properly held that respondent could not be evicted for other alleged violations that were not set forth in the notice of default (see, Filmtrucks, Inc. v Express Indus. Term. Corp., 127 A.D.2d 509). The result does not implicate public policy where no violations of the Building Code have been cited let alone demonstrated, and the rights of respondent's downstairs neighbor will be adequately protected by appellant's remaining claim that respondent is in violation of the lease provision prohibiting unreasonable noises.

Concur — Murphy, P.J., Sullivan, Rosenberger and Asch, JJ.