MENGONI v. PASSY


175 Misc.2d 498 (1997)

669 N.Y.S.2d 780

Fred Mengoni, Appellant, v. Marc Passy, Respondent.

Supreme Court, Appellate Term, First Department.

November 21, 1997


Attorney(s) appearing for the Case

Charles H. Small, New York City, for appellant. Adolph D. Seltzer, New York City, for respondent.

OSTRAU, P. J., and FREEDMAN, J., concur; PARNESS, J., dissents in a separate memorandum.


Per Curiam.

Order and final judgment dated June 14, 1996 modified only to the extent of vacating the award of punitive damages and, as so modified, affirmed, without costs.

Respondent, a rent-controlled tenant since 1976, replaced kitchen and bathroom appliances and fixtures without landlord's prior written consent, in violation of a lease provision projected into the statutory tenancy. There is ample record evidence...

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