Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Coliseum Tenants. v. Benmark,” where the petitioner's holdover proceeding for lease violation was dismissed because petitioner failed to prove that alterations to the respondent's co-op had been done without board approval, and “364 93rd Street LLC v. Clementine,” where a landlord was awarded judgment of possession due to tenant's harassing conduct which the court found constituted nuisance.
June 20, 2017 at 02:01 PM
1 minute read
Co-ops—Alterations—Apartment Had Been Subdivided—Alteration Allegedly Done 18 Years Ago—Petitioner Failed to Prove That Alterations Had Been Done Without Board Approval—Claim Also Barred by Doctrines of Laches and Waiver
The petitioner had commenced a holdover proceeding involving a cooperative apartment that was occupied by the respondent, pursuant to a proprietary lease agreement.
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