Greenberg v. Higgins

Judgment (denominated order), Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered April 23, 1990, which dismissed petitioners’ CPLR article 78 proceedings, seeking to annul a determination by respondent denying petitioners’ application to alter the dwelling space of intervenor tenant, unanimously affirmed, without costs and without disbursements.

The intervenor tenant lives in a small studio apartment. The landlord’s plans to renovate the building included the installation of an elevator shaft that would require 50 square feet of the tenant’s apartment, constituting most of what…