Opinion
June 10, 1997
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
The expiring roof guaranty and the showing as to the deteriorating condition of the apartment justify the injunctive relief providing access to the apartment, and the proprietary lease justifies the direction that she pay her current maintenance pending further order of the court. However, the deposit of maintenance arrears into court was not justified by plaintiff's showing on the merits, there being many unresolved issues of fact bearing upon defendant's right to a rent abatement, and thus upon plaintiff's right to the full amount of the arrears it seeks. In addition, any claim of irreparable harm is suspect in view of plaintiff's failure to take any action to collect maintenance from defendant for over 10 years.
Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Mazzarelli, JJ.