Park West Village v. Lewis
New York Court of Appeals
POINTS OF COUNSEL I. Under the “totality of factors”, the tenant has violated a substantial obligation of the tenancy. {Matter of Park East Land Corp. v Finkelstein, 299 NY 70; Park WestMgt. Corp. u Mitchell, 47 NY2d 316; CopartInds. v Consolidated Edison Co., 41 NY2d 564; Rumiche Corp. v Eisenreich, 40 NY2d 174; Pollack v Greene Constr. Corp., 40 AD2d 996, 32 NY2d 720.) II.
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POINTS OF COUNSEL I. Under the “totality of factors”, the tenant has violated a substantial obligation of the tenancy. {Matter of Park East Land Corp. v Finkelstein, 299 NY 70; Park WestMgt. Corp. u Mitchell, 47 NY2d 316; CopartInds. v Consolidated Edison Co., 41 NY2d 564; Rumiche Corp. v Eisenreich, 40 NY2d 174; Pollack v Greene Constr. Corp., 40 AD2d 996, 32 NY2d 720.) II. The covenant to use a premises for only residential purposes constitutes a substantial obligation of the tenancy, which the tenant has violated by engaging in a business use involving traffic flow. (930 Fifth Corp. v…
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
The issue presented on this appeal is whether a significant violation of a substantial obligation of a lease occurs when a tenant who agreed to use her apartment solely for residential purposes also uses the apartment as a counseling office where she conducts her entire professional psychotherapy practice.
Respondent tenant, Dr. Barbara Lewis, a doctor in clinical psychology, rented an apartment in a rent-stabilized building located in New York City from petitioner landlord. The lease, which was entered into by both parties on June 16, 1969, provides, inter alia,…
2Cases cited3 opinions
- Matter of Park East Land Corp. v. FinkelsteinNew York Court of Appeals · 1949
- 8200 Realty Corp. v. LindsayNew York Court of Appeals · 1970
- 420 East 80th Co. v. ChinAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by17 opinions
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- Ram I, L. L. C. v. StuartAppellate Division of the Supreme Court of the State of New York · 1998
- Greene Avenue Associates v. CardwellCivil Court of the City of New York · 2002
- 333-335 East 209th Street HDFC v. McDonnellCivil Court of the City of New York · 1987
- 91st Street Co. v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1997
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