Tenant Must Give Access for Window Replacement

February 1, 1993

LVT Number: 6673

Landlord cooperative corporation sued tenant to get access to an apartment to replace windows and a terrace door. The trial court ruled for landlord and tenant appealed. The appeals court again ruled for landlord. Both the proprietary lease and the rent-stabilized lease for the apartment permitted entry to the apartment for repairs and alterations. Landlord was entitled to replace the windows as part of a building-wide program. And landlord agreed not to replace the terrace door and adjacent window, which were installed by tenant.

Landlord cooperative corporation sued tenant to get access to an apartment to replace windows and a terrace door. The trial court ruled for landlord and tenant appealed. The appeals court again ruled for landlord. Both the proprietary lease and the rent-stabilized lease for the apartment permitted entry to the apartment for repairs and alterations. Landlord was entitled to replace the windows as part of a building-wide program. And landlord agreed not to replace the terrace door and adjacent window, which were installed by tenant.

[87th Street Owners Corp. v. Olnick Organization: NYLJ, p. 21, col. 2 (1/7/93) (App. Div. 1 Dept.; Murphy, PJ, Milonas, Ross, Rubin, JJ)].

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