Defendant has been a residential tenant of the premises since 1978, and a business tenant for three years prior to that. Even though it is undisputed that the lease refers only to five interior rooms, and makes no mention of any exterior terrace, defendant has used the rooftop area for such purpose over the years, for social entertainment and horticultural pursuits, despite warnings from plaintiff to desist. In order to deter defendant from using the area, plaintiff sued...
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