87TH ST. OWNERS CORP. v. OLNICK ORG.


189 A.D.2d 552 (1993)

87th Street Owners Corporation, Respondent, v. Olnick Organization et al., Defendants, and Jules Augus et al., Appellants

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

January 5, 1993


Both the proprietary lease and the rent stabilized lease permit entry to the apartment for the purposes of repair and alteration. We agree with the IAS Court that the individual tenants fail to demonstrate arbitrary, vindictive or discriminatory motives on the part of the cooperative corporation in seeking entry to replace windows as part of a building-wide program. Plaintiff represents that it will not replace the terrace door and adjacent window, thereby preserving defendants...

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