Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this action for breach of a lease covenant of repair, the court erred in denying plaintiff's motion for leave to amend her complaint to assert a cause of action for waste. A tenant has an implied obligation to refrain from affirmative acts of waste and to make "tenantable" repairs to avoid permissive waste of the leasehold (see, Suydam v...
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