FREEHOLD INVS. v. RICHSTONE


72 Misc.2d 624 (1973)

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

Supreme Court, Appellate Term, First Department.

January 23, 1973


Attorney(s) appearing for the Case

Ralph H. Wiener for appellant. Baron & Baron (Robert P. Baron of counsel), for respondent.

QUINN and LUPIANO, JJ., concur in Per Curiam opinion; MARKOWITZ, P. J., dissents in opinion.


Per Curiam.

The lease, projected into the statutory tenancy, expressly prohibits any alterations without the consent of the landlord and specifies that even papering the walls or changing the color of the wall paint is a prohibited alteration and a breach of a substantial obligation of the lease. Clearly, under the terms of the lease, the tenant was not at liberty to make the substantial alterations he undertook,...

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