No Constructive Eviction from Terrace

LVT Number: 18552

Tenant, a proprietary lessee in a co-op building, sued landlord for breach of the covenant of quiet enjoyment because he was unable to use the terrace outside his apartment while it was being repaired. The court ruled against tenant. Tenant appealed and lost. Tenant wasn't deprived of use of the apartment, or constructively evicted from the apartment. Tenant also had signed proprietary lease, which gave landlord the right to make needed repairs to the terrace.

Tenant, a proprietary lessee in a co-op building, sued landlord for breach of the covenant of quiet enjoyment because he was unable to use the terrace outside his apartment while it was being repaired. The court ruled against tenant. Tenant appealed and lost. Tenant wasn't deprived of use of the apartment, or constructively evicted from the apartment. Tenant also had signed proprietary lease, which gave landlord the right to make needed repairs to the terrace.

Jackson v. Westminster House Owners Inc.: NYLJ, 12/19/05, p. 27, col. 1 (App. Div. 1 Dept.; Tom, JP, Marlow, Williams, Gonzalez, Malone, JJ)