Cell Phone Service Provider Can Add HVAC System to Building Courtyard

July 21, 2016

LVT Number: #27087

Landlord sued to evict a cell phone service provider for violating its lease. Landlord had permitted the provider to install cellular communications equipment at the building. The lease permitted the provider to use the building for transmission and reception of communications signals, as well as installation, operation, and upgrade of its fixtures and related equipment. Due to certain conditions, the provider relocated some of its equipment to the building basement, which then needed to be cooled. So the provider installed an HVAC system in the building courtyard.

Landlord sued to evict a cell phone service provider for violating its lease. Landlord had permitted the provider to install cellular communications equipment at the building. The lease permitted the provider to use the building for transmission and reception of communications signals, as well as installation, operation, and upgrade of its fixtures and related equipment. Due to certain conditions, the provider relocated some of its equipment to the building basement, which then needed to be cooled. So the provider installed an HVAC system in the building courtyard. Landlord claimed that this violated the provider’s lease. The court disagreed, finding that the lease permitted installation of “related equipment.” And installation of the HVAC system on the building roof wasn’t feasible.

 

 

West Investors LLC v. New Cingular Wireless PCS LLC: Index No. 79576/15, NYLJ No. 1202760512874 (Civ. Ct. NY; 6/7/16; Cannataro, J)

Topics

More like this