Landlord Claims Tenant-Shareholder Violated Alteration Agreement

April 15, 2013

LVT Number: #24724

Tenant-shareholder sued landlord cooperative corporation, claiming that the co-op breached her proprietary lease and alteration agreement by stopping her renovation work. Landlord, in turn, claimed that tenant violated the lease and agreement. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened. Whether tenant violated the alteration agreement by drilling into the ceiling as claimed by landlord was a question of fact that required a trial.

Tenant-shareholder sued landlord cooperative corporation, claiming that the co-op breached her proprietary lease and alteration agreement by stopping her renovation work. Landlord, in turn, claimed that tenant violated the lease and agreement. The court ruled for landlord without a trial. Tenant appealed, and the case was reopened. Whether tenant violated the alteration agreement by drilling into the ceiling as claimed by landlord was a question of fact that required a trial.

Wood v. 139 East 33rd Street Corp.: 104 A.D.3d 620, 2012 NY Slip Op. 02153 (App. Div. 1 Dept.; 3/28/13; Tom, JP, Acosta, Saxe, Freedman, Feinman, JJ)

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