Landlord Breached Agreement

November 1, 1996

LVT Number: 11008

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed they were denied access to a swimming pool and sun deck to which they were previously permitted. Landlord and tenant had formally agreed that landlord would get tenant's access to the pool in the same manner and upon the same terms and conditions as were previously available. In return, tenants would pay back rent owed. Tenants claimed that landlord breached the agreement. The court ruled for tenants, and landlord appealed. The appeals court ruled against landlord.

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed they were denied access to a swimming pool and sun deck to which they were previously permitted. Landlord and tenant had formally agreed that landlord would get tenant's access to the pool in the same manner and upon the same terms and conditions as were previously available. In return, tenants would pay back rent owed. Tenants claimed that landlord breached the agreement. The court ruled for tenants, and landlord appealed. The appeals court ruled against landlord. Landlord had signed an agreement with the co-op corporation that owned and controlled the pool. That agreement didn't grant access to the facilities in the same manner as provided previously.

London Terrace Gardens v. Various Tenants: NYLJ, p. 21, col. 3 (10/1/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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