Landlord Claims Tenant Refused Access for Repairs

Landlord sued to evict tenant for not providing access for repairs. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Landlord had sent tenant a notice to cure, and tenant had agreed to provide access on March 21 and 22, 2005, and such additional dates as would be needed. Tenant gave landlord access on March 21, and some repairs were made. Landlord's attorney admitted in his March 23 letter to tenant's attorney that tenant had given access, allowing landlord ``to address many of the issues which were of concern.'' Landlord's attorney also asked tenant's attorney to contact him to schedule an additional access date for the remaining ``simple'' repairs. Landlord then sent tenant a termination notice on March 24. In light of the circumstances of the case, landlord's termination notice was premature. Tenant had given access, and most of the repairs had been done.

12 Broadway Realty, LLC v. Levites: NYLJ, 1/11/07, p. 35, col. 2 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)