Prior Landlord Authorized Removal of Wall

April 1, 1999

LVT Number: 13105

Landlord sued to evict tenant for violating the ''no alteration'' clause of his lease. Tenant testified that prior landlord had authorized the removal of a wall in the apartment nine years earlier. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't present any proof that contradicted tenant's statement. So landlord's claim was time-barred.

Landlord sued to evict tenant for violating the ''no alteration'' clause of his lease. Tenant testified that prior landlord had authorized the removal of a wall in the apartment nine years earlier. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't present any proof that contradicted tenant's statement. So landlord's claim was time-barred.

Plon Realty Corp. v. Ford: NYLJ, p. 26, col. 1 (3/12/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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