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PWV ACQUISITION v. PESCADOR

12 Misc.3d 48 (2006)

820 N.Y.S.2d 374

PWV ACQUISITION, LLC, Respondent, v. COLUMBINA PESCADOR, Appellant.

Supreme Court, Appellate Term, First Department.

May 16, 2006.

Attorney(s) appearing for the Case

Michael K. Brown, New York City, for respondent.

Kellner, Chehebar & Deveney, New York City (Carol Anne Herlihy of counsel), for appellant.

McKEON, P.J., and SCHOENFELD, J., concur; GANGEL-JACOB, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Final judgment, entered July 26, 2004, affirmed, with $25 costs, for the reasons stated by Laurie L. Lau, J., at the Civil Court.

The operative terms of the parties' lease agreement prohibited tenant from making changes in, adding to or altering the demised apartment premises without the landlord's prior written consent (art 10), provided that the landlord's acceptance...

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