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RAM I v. STUART

248 A.D.2d 255 (1998)

668 N.Y.S.2d 888

Ram I, L. L. C., Formerly Known as Classic Residences, Inc., Respondent-Appellant, v. Fred Stuart et al., Appellants-Respondents

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

March 19, 1998

Appellate Term properly concluded that, under the circumstances herein, tenants' replacement of a 27-year-old stove with a new stove was merely a technical violation of the "no alterations" clause of the parties' lease as opposed to a significant violation of a substantial obligation thereof (see, Matter of Park W. Vil. v Lewis, 62 N.Y.2d 431, 436-437). Vacatur of the award of counsel...

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