Landlord Claims Co-Op Tenant Installed HVAC System Without Permission

Landlord cooperative corporation sued to evict shareholder tenant for breaching his proprietary lease. Landlord claimed that tenant installed a central air-conditioning system in his apartment without landlord’s permission. Tenant claimed waiver and that landlord actually approved the installation, and asked the court for permission to conduct pretrial questioning. Landlord claimed that there was no question of fact and asked the court to rule in its favor without trial. The court ruled against both sides. Tenant’s designer claimed landlord’s agent gave him permission to install an HVAC system but told him not to include it in the proposal in order to avoid DOB involvement. Landlord denied this claim. There were questions of fact that required a trial. On the other hand, tenant didn’t show ample need to obtain discovery through pretrial questioning.

Roger Morris Apt. Corp. v. Varela: Index No. 83411/2015, NYLJ No. 1202757819678 (Civ. Ct. NY; 5/10/16; Stoller, J)