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SPINALE v. 10 WEST 66TH ST. CORP.

210 A.D.2d 85 (1994)

622 N.Y.S.2d 1

Mary Ann Spinale, Respondent, et al., Plaintiff, v. 10 West 66th Street Corporation, Appellant, et al., Defendants

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

December 13, 1994

The IAS Court properly estopped appellant from invoking House Rule 5 (F) where a violation thereof was allegedly caused by alterations undertaken by respondent with appellant's express written consent (see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175, 184), and also properly held that respondent could not be evicted for other alleged violations that were not set forth in the notice of default (see<...

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