Tenant Can't Stop Landlord from Renovating Apartment

Tenant cooperative shareholder sued landlord co-op corporation, challenging the landlord's plan for renovation of her apartment and seeking to prevent waterproofing and facade repair work from going forward. The rooftop water tank had overflowed into tenant's rooftop apartment, and toxic mold was later discovered. A contractor already had gutted the apartment down to the cement floors, ceilings, and walls. The apartment had remained uninhabitable. Tenant asked the court for an initial ruling barring landlord from proceeding while her lawsuit was pending. The court ruled against tenant, who appealed and lost. The court found that tenant failed to make a clear showing of irreparable harm if no injunction was issued, and the equities didn't favor granting the injunction. Landlord's proposed possible reduction in square footage within tenant's apartment was de minimis--that is, minor. And any cost incurred by tenant for alterations to built-in cabinetry or replacement of structural items could be covered by money damages.

Goldstone v. Gracie Terrace Apartment Corporation: 2013 NY Slip Op 05725, 2013 WL 4516105 (App. Div. 1 Dept.; 8/27/13; Andrias, JP, Saxe, DeGrasse, Feinman, JJ)