NAT'L BANK OF NORTH AM. v. BROOK SHOPPING CTRS., INC.


115 A.D.2d 461 (1985)

National Bank of North America, Respondent, v. Brook Shopping Centers, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 2, 1985


Judgment modified, on the law, by deleting subdivision 3 of the second decretal paragraph thereof which declared that defendant had unreasonably withheld its consent to plaintiff's alterations. As so modified, judgment affirmed, without costs or disbursements.

Nonstructural alterations necessary to carry on a tenant's business may be made without the landlord's consent even where a lease provides that no alterations may be made without such consent (N. & S...

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