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ZCWK ASSOCS. v. SPADARO

233 A.D.2d 126 (1996)

649 N.Y.S.2d 425

ZCWK Associates, L.P., Appellant-Respondent, v. Paul Spadaro, Respondent, and KPA Enterprises, Inc., Respondent-Appellant

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

November 7, 1996

The motion court correctly held that plaintiff landlord's "self-help" action in changing the locks to the demised premises, thereby impeding defendants' access and use thereof prior to the rent commencement date, and therefore prior to any default by defendant tenant, was a breach of the lease that suspended the tenant's yet to be incurred obligation to pay rent (see, Barash v Pennsylvania Term. Real Estate Corp.,...

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