MARREN v. 215 EAST 79TH ST., INC.


204 A.D.2d 130 (1994)

614 N.Y.S.2d 104

James Marren et al., Appellants-Respondents, v. 215 East 79th Street, Inc., Respondent-Appellant

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

May 10, 1994


Defendant lessor had the right under the proprietary lease and the "House Rules" incorporated and made part thereof to prevent plaintiffs from making structural alterations and repairs to the heating and alarm systems without prior written consent. The lease and rules established a prima facie right to the relief requested on the cross motion for summary judgment, and it was plaintiffs' burden to come forward with evidence to demonstrate that the work in progress on the date...

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