Landlord Consented to Alterations

March 8, 2012

LVT Number: #23968

Landlord sued to evict tenant for making unauthorized apartment alterations in violation of tenant's lease. The court ruled for tenant after a trial, but denied tenant any award of attorney's fees. Landlord appealed. The appeals court ruled against landlord. Tenant proved at trial that landlord had consented to the electrical work it later complained about, and in prior proceedings before the DHCR, landlord had falsely asserted that its own contractors had done the electrical work.

Landlord sued to evict tenant for making unauthorized apartment alterations in violation of tenant's lease. The court ruled for tenant after a trial, but denied tenant any award of attorney's fees. Landlord appealed. The appeals court ruled against landlord. Tenant proved at trial that landlord had consented to the electrical work it later complained about, and in prior proceedings before the DHCR, landlord had falsely asserted that its own contractors had done the electrical work.

Graham Court Owners Corp. v. Taylor: 34 Misc.3d 153(A), 2012 NY Slip Op 50324(U) (App. T. 1 Dept.; 2/28/12; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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