From Casetext: Smarter Legal Research

365 W. End Ave. v. Rosenblum

Appellate Term of the Supreme Court of New York, First Department
Feb 5, 2004
2004 N.Y. Slip Op. 50044 (N.Y. App. Term 2004)

Opinion

571263/02.

Decided February 5, 2004.

Landlord appeals from an order and final judgment of the Civil Court, New York County, entered September 12, 2002 after a nonjury trial (Douglas E. Hoffman, J.) granting judgment to tenants dismissing the petition in a holdover summary proceeding.

Order and final judgment entered September 12, 2002 (Douglas E. Hoffman, J.) affirmed, with $25 costs, for the reasons stated in the decision of Douglas E. Hoffman, J. at the Civil Court.

PRESENT: SUAREZ, P.J., DAVIS, SCHOENFELD, Justices.


Tenant's replacement of defective kitchen countertops and floor tiles was not a substantial breach of the "no alternations" clause of the lease (see, Mengoni v. Passy, 254 AD2d 203), and any objection to the installation of new cabinet doors in 1985 was waived (see, Dice v. Inwood Hills Condominium, 237 AD2d 403). Since tenants prevailed with respect to the central relief sought and issues litigated, attorneys' fees were properly awarded in their favor (see, 25 East 83 Corp. v. 83rd Street Associates, 213 AD2d 269).

This constitutes the decision and order of the court.


Summaries of

365 W. End Ave. v. Rosenblum

Appellate Term of the Supreme Court of New York, First Department
Feb 5, 2004
2004 N.Y. Slip Op. 50044 (N.Y. App. Term 2004)
Case details for

365 W. End Ave. v. Rosenblum

Case Details

Full title:365 WEST END AVENUE, LLC, Petitioner-Landlord-Appellant, v. DR. ROBERT…

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

Date published: Feb 5, 2004

Citations

2004 N.Y. Slip Op. 50044 (N.Y. App. Term 2004)