TWO GUYS v. S.F.R. REALTY ASSOC.


63 N.Y.2d 396 (1984)

Two Guys from Harrison-N.Y., Inc., Appellant, v. S.F.R. Realty Associates et al., Respondents. Grace Retail Corporation, Additional Defendant on Counterclaims, and Vornado, Inc., Additional Appellant on Counterclaims.

Court of Appeals of the State of New York.

Decided November 20, 1984.


Attorney(s) appearing for the Case

Donald S. Snider and Gerald M. Levine for appellants.

M. William Scherer for respondents.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


Chief Judge COOKE.

The question presented on this appeal is whether a tenant has the right to make substantial changes to the demised premises. Such a right may arise from statute or contract. When, however, the instrument governing the tenancy prohibits such alterations, the tenant may not proceed under either authority.

The individual respondents are the holders...

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