Tenant Didn't Deny Access to Terrace

January 1, 1994

LVT Number: 8419

Landlord sued tenant, demanding damages for tenant's refusal to give landlord's workers access to tenant's terrace. The trial court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Tenant hadn't denied access to landlord's workers for the purpose of removing planters from tenant's apartment terrace. Landlord's architect testified that tenant had never prevented workers from gaining access to the terrace by means of a ladder from the roof of the building. Tenant himself wouldn't remove the planters, but he didn't refuse access to others.

Landlord sued tenant, demanding damages for tenant's refusal to give landlord's workers access to tenant's terrace. The trial court ruled against landlord, and landlord appealed. The appeals court ruled against landlord. Tenant hadn't denied access to landlord's workers for the purpose of removing planters from tenant's apartment terrace. Landlord's architect testified that tenant had never prevented workers from gaining access to the terrace by means of a ladder from the roof of the building. Tenant himself wouldn't remove the planters, but he didn't refuse access to others.

Westminster Properties, Ltd. v. Teicher: NYLJ, p. 24, col. 1 (12/9/93) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Kupferman, Rubin, JJ)

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