Landlord Can Operate Valet Parking Garage

Tenants sued landlord, seeking to bar landlord from operating a valet parking garage in the building's existing garage.They claimed this would be a violation of the building's certificate of occupancy (C of O) and zoning regulations. The court ruled against tenants and they appealed. The appeals court again ruled against tenants. Tenants didn't prove a violation of the 142-car limitation in the building's C of O. There was no proof of any violation for overcrowding; the Department of Consumer Affairs found only 129 cars. There also was no violation of zoning regulations concerning minimum area per parking space. And the building's garage lease doesn't prohibit valet parking. In fact, the lease states that landlord may change from time to time the place in which tenant's car is to be parked.

Kotelchuck v. West 95 Housing Corp.: NYLJ,p. 25, col. 4 (5/24/95) (App. T. 1 Dept.; Parness,JP, McCooe, Glen, JJ)