UTRECHT v. 142 EAST 49TH STREET OWNERS CORP.


29 A.D.3d 363 (2006)

817 N.Y.S.2d 213

ELLIOT UTRECHT et al., Appellants, v. 142 EAST 49TH STREET OWNERS CORP. et al., Respondents, et al., Defendants.

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

May 11, 2006.


In this action for declaratory and injunctive relief, there were no questions of fact that the landlord defendants had the authority to install and lock the outer door intercom/buzzer security system, and that plaintiffs' interference therewith was a violation of the lease. Nor did plaintiffs have an implied easement for use of an unlocked outer door, the result of which was, at most, a minor inconvenience that did not substantially interfere with their reasonable use and...

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