LEVIN v. 40 FIFTH AVENUE CORPORATION


24 A.D.3d 244 (2005)

806 N.Y.S.2d 491

SAMUEL LEVIN, Appellant, v. 40 FIFTH AVENUE CORPORATION, Respondent.

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

December 15, 2005.


We reject the tenant's various arguments that although the washer/dryer and garbage disposal unit were installed without the approval of the co-op's board in violation of the proprietary lease, he should not have to remove them because the installations were performed by the co-op's superintendent. Given the unambiguous delegation of approval authority to the board, not only in the proprietary lease but also in a written and signed acknowledgment, any belief by the tenant...

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