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MEIROWITZ v. NEW YORK STATE DIV. OF HOUS. AND COMMUNITY RENEWAL

28 A.D.3d 350 (2006)

814 N.Y.S.2d 56

SPENCER MEIROWITZ, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

April 20, 2006.

Petitioner tenant asserted that he was entitled to use the backyard garden merely because he had already used it openly and notoriously for an extended period of time without any written prohibition, i.e., a lease. The relevant inquiry is whether access to the backyard is a required service within the meaning of the law (Charles H. Greenthal & Co. v. 301 E. 21st St. Tenants' Assn., 91 A.D.2d 934

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