Tenant Removed and Replaced Bathroom Fixtures

February 1, 2003

LVT Number: 16370

Landlord sued to evict tenant for a substantial lease violation based on unauthorized alterations. Tenant had removed and replaced bathroom fixtures. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Landlord appealed and lost. There was a history of prior alterations by tenants with landlord's consent and questions of fact as to whether landlord consented to the alterations this time. A trial was required.

Landlord sued to evict tenant for a substantial lease violation based on unauthorized alterations. Tenant had removed and replaced bathroom fixtures. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Landlord appealed and lost. There was a history of prior alterations by tenants with landlord's consent and questions of fact as to whether landlord consented to the alterations this time. A trial was required.

Blumenthal, Chwast & Scher: NYLJ, 1/28/03, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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