Landlord Consented to Partition Wall Installation

July 7, 2012

LVT Number: #24188

Landlord sued tenant, seeking removal of a partition tenant had constructed in her apartment, as well as discontinuance of tenant's part-time use of the apartment for her psychology practice office. Landlord asked the court for a preliminary injunction while the case was pending to force immediate removal of the partition and stop to the professional use. The court and appeals court ruled against landlord since it was unlikely that landlord would win the case. Tenant showed that prior landlord had consented to her renovation, proving waiver.

Landlord sued tenant, seeking removal of a partition tenant had constructed in her apartment, as well as discontinuance of tenant's part-time use of the apartment for her psychology practice office. Landlord asked the court for a preliminary injunction while the case was pending to force immediate removal of the partition and stop to the professional use. The court and appeals court ruled against landlord since it was unlikely that landlord would win the case. Tenant showed that prior landlord had consented to her renovation, proving waiver. Although landlord claimed that it could have criminal liability for unlawful renovations, it failed to prove irreparable harm. Landlord also failed to describe any injury it would suffer from tenant's continuation of her psychology practice, and tenant wasn't violating any zoning regulations.

106 & 108 Charles LLC v. Hohn: NYLJ, 6/14/12, p. 24, col. 6 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Moskowitz, Renwick, Abdus-Salaam, JJ)

Topics

More like this