Landlord Didn't Violate Lease

August 31, 2003

LVT Number: 16773

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant sued landlord, a school, for anticipated breach of the lease and to stop landlord from taking some of his apartment space. Landlord had planned to alter its building by taking back space that was a walk-in closet in tenant's apartment. The court ruled for tenant and awarded him attorney's fees. Landlord appealed and won. Landlord actually completed the construction work without taking any of tenant's closet space. So tenant didn't suffer any damages.

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant sued landlord, a school, for anticipated breach of the lease and to stop landlord from taking some of his apartment space. Landlord had planned to alter its building by taking back space that was a walk-in closet in tenant's apartment. The court ruled for tenant and awarded him attorney's fees. Landlord appealed and won. Landlord actually completed the construction work without taking any of tenant's closet space. So tenant didn't suffer any damages. Tenant also wasn't entitled to attorney's fees. Tenant's lease allowed for attorney's fees to the extent permitted by RPL Section 234. The law authorized attorney's fees to tenants if landlord didn't perform any covenant under the lease. Landlord didn't breach a covenant of tenant's lease.

Salvato v. St. David's School: 2003 N.Y. App. Div. LEXIS 8636 (8/7/03) (App. Div. 1 Dept.; Tom, JP, Saxe, Ellerin, Lerner, Gonzalez, JJ)

Topics

More like this