Tenant Gets More Time to Remove Greenhouse

February 1, 2004

LVT Number: 17089

Landlord cooperative corporation sent tenant shareholder a 10-day notice to cure. The notice to cure gave tenant the option of either allowing landlord access to tenant's unit to remove a greenhouse and make needed repairs or removing the greenhouse herself and then permitting landlord to make the repairs. Tenant then sued landlord, seeking a delay of the cure period. The court ruled against tenant. Tenant appealed and won. Tenant showed that the greenhouse couldn't be removed within 10 days because of Building Code requirements.

Landlord cooperative corporation sent tenant shareholder a 10-day notice to cure. The notice to cure gave tenant the option of either allowing landlord access to tenant's unit to remove a greenhouse and make needed repairs or removing the greenhouse herself and then permitting landlord to make the repairs. Tenant then sued landlord, seeking a delay of the cure period. The court ruled against tenant. Tenant appealed and won. Tenant showed that the greenhouse couldn't be removed within 10 days because of Building Code requirements. The court should have granted tenant's request for more time.

Stolz v. 111 Tenants Corp.: NYLJ, 1/26/04, p. 25, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Andrias, Saxe, Williams, Gonzalez, JJ)

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