Opinion
January 5, 1993
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Both the proprietary lease and the rent stabilized lease permit entry to the apartment for the purposes of repair and alteration. We agree with the IAS Court that the individual tenants fail to demonstrate arbitrary, vindictive or discriminatory motives on the part of the cooperative corporation in seeking entry to replace windows as part of a building-wide program. Plaintiff represents that it will not replace the terrace door and adjacent window, thereby preserving defendants-tenants' improvements. Any damage which nonetheless may occur can be remedied at a later date. Finally, the proprietary lessee did not cross-appeal and, therefore, may not seek additional attorneys' fees.
Concur — Murphy, P.J., Milonas, Ross and Rubin, JJ.