Shareholder Tenant Began Renovating Apartment Without Prior Approval

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the cooperative corporation).

Shareholder tenant sued landlord cooperative corporation after the co-op sent her a notice to cure claiming that she violated her proprietary lease by renovating her apartment without obtaining prior approval. Tenant asked the court to stop landlord from proceeding against her. The co-op in turn asked the court to dismiss the case. The court ruled for the co-op.

Tenant appealed and lost. Tenant clearly renovated her apartment without getting the co-op's prior approval, in violation of her proprietary lease. The lease required prior consent to make any alteration or addition to the water, gas, electrical conduits, wiring or outlets, plumbing fixtures, or any other installation or facility in her apartment or the building. 

Patel v. Gardens at Forest Hills Owners Corp.: Index Nos. 2018-13976, 2019-01284, 2020 NY Slip Op 01509 (App. Div. 2 Dept.; 3/4/20; Austin, JP, Miller, Maltese, Barros, JJ)