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.