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477 EQUITIES CORP. v. BOSHA'S BROOME STREET HOLDING, INC.

303 A.D.2d 175 (2003)

755 N.Y.S.2d 238

477 EQUITIES CORP. et al., Respondents, v. BOSHA'S BROOME STREET HOLDING, INC., Appellant.

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

Decided March 6, 2003.

The record establishes that the windows at issue are not part of the commercial premises leased by plaintiff to defendant and that defendant never obtained prior written consent from plaintiff for the windows' alteration. Accordingly, inasmuch as there is no triable issue as to whether defendant is entitled to alter the windows, the motion court's grant of summary relief was proper (see Zuckerman v City of New York,

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