Landlord Can Discontinue Tenant's Exclusive Use of Roof

May 31, 2009

LVT Number: #21246

(Decision submitted by Cory L. Weiss of the Manhattan law firm of Ingram Yuzek Gainen Carroll & Bertolotti, LLP, who represented the landlord.)

Landlord of Tudor City building sued tenant and asked the court to declare that it could revoke tenant's exclusive use of the building's south side lower roof. Tenant claimed that he had used the roof exclusively for 48 years and that he had a renewable right to continue doing so under his lease. The court and appeals court ruled for landlord. Tenant’s right to use the roof space that was next to the 22

(Decision submitted by Cory L. Weiss of the Manhattan law firm of Ingram Yuzek Gainen Carroll & Bertolotti, LLP, who represented the landlord.)

Landlord of Tudor City building sued tenant and asked the court to declare that it could revoke tenant's exclusive use of the building's south side lower roof. Tenant claimed that he had used the roof exclusively for 48 years and that he had a renewable right to continue doing so under his lease. The court and appeals court ruled for landlord. Tenant’s right to use the roof space that was next to the 22
nd floor portion of his duplex apartment wasn’t mentioned in tenant’s lease. So tenant didn’t rent the roof as part of his apartment space, and didn't have an exclusive right to occupy the roof space. Instead, tenant had the use of landlord’s roof under a license agreement, which landlord could revoke.

Prospect Owners Corp. v. Sandmeyer: NYLJ, 5/28/09, p. 39, col. 2 (App. Div. 1 Dept.; Catterson, JP, McGuire, Moskowitz, DeGrasse, Freedman, JJ)

Topics

More like this