Illuminated Awning Outside Tenant's Window

Landlord cooperative corporation sued to evict co-op tenant for nonpayment of maintenance fees. Tenant claimed that landlord breached the warranty of habitability by permitting a commercial tenant to erect an illuminated white awning directly below and outside of tenant's bedroom window. The court ruled that there was no breach of the warranty of habitability. Tenant knew he was living directly over commercial space facing Third Avenue and 69th Street, a busy city intersection. The installation of the commercial tenant's awning could reasonably be expected. Tenant also failed to show that a reasonable person would find the awning light so intrusive as to render the bedroom unusable. Tenant claimed that for some periods the light stayed on after 10:30 p.m. but didn't prove that

[169 East 69th Street Corp. v. Leland: NYLJ, p. 25, col. 3 (1/11/93) (Civ. Ct. NY; Birnbaum, J)].