Landlord Waited Too Long to Complain About Tenant's Alteration

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the tenants.) Landlord sued to evict rent-stabilized tenants for an illegal apartment alteration. Landlord argued that this was a lease violation. Landlord's notice to cure stated that tenants permitted screens to be installed surrounding the adjoining terrace outside their apartment. Tenants claimed that landlord waited too long to complain to start the case. The law imposes a six year time limit to claim breach of contract, and it was more than six years since tenants had installed the screens. The court ruled for tenants. Tenants' alterations were in plain sight and the six year limit applied to their lease contract. There was no question that the alteration was done in 1994.

PWV Acquisition, LLC v. Mazor: L&T Index No. 89560/04 (Civ. Ct. NY 12/16/04; Wendt, J) [6-pg. doc.]