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FREEHOLD INVS. v. RICHSTONE

69 Misc.2d 1010 (1972)

Freehold Investments, Petitioner, v. Geoffrey Richstone, Respondent.

Civil Court of the City of New York, New York County.

March 7, 1972

Attorney(s) appearing for the Case

Ralph H. Weiner for petitioner. Baron & Baron (Rubin Baron of counsel), for respondent.

HARRY T. NUSBAUM, J.

The landlord's petition to evict the tenant as a holdover on the ground that he has violated a substantial obligation of his tenancy is denied.

The landlord has failed to establish to this court's satisfaction that the alleged "alterations" of the leased premises constitute waste or violated a substantial obligation of the tenancy. The changes made were purely decorative in nature and cannot be regarded as structural, or alterations...

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