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BAZIN v. WALSAM 240 OWNER

103583/07, 106, 106A.

72 A.D.3d 190 (2010)

894 N.Y.S.2d 411

DOMINIQUE BAZIN et al., Respondents, v. WALSAM 240 OWNER, LLC, Appellant.

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

Decided February 9, 2010.

Attorney(s) appearing for the Case

Steven Raison , New York City, and Belkin Burden Wenig & Goldman, LLP, New York City ( Magda L. Cruz of counsel), for appellant.

Vernon & Ginsburg, LLP, New York City ( Darryl M. Vernon and Sanem Ozdural of counsel), for respondents.

TOM, J.P., SWEENY, ACOSTA and FREEDMAN, JJ., concur.

OPINION OF THE COURT

SAXE, J.

This appeal challenges the motion court's interpretation of a lease rider that gave the rent-stabilized tenants of two adjoining apartments permission to connect the two apartments by breaking through the common wall of back-to-back foyer closets. The court rejected the landlord's assertion that it alone has the authority to decide whether to restore the wall, and held that, under the lease, the tenants were entitled to restore...

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