Legal Opinion
Bazin v. Walsam 240 Owner, LLC
Appellate Division of the Supreme Court of the State of New York
Decided February 9, 2010PublishedCited by 1 opinion
1Opinion of the Court
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 the wall to its former condition if they so chose. We reverse.
In 1979, plaintiff Dominique Bazin and her then husband, Peter Thall, became…
2Cases cited4 opinions
- Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
- Reiss v. Financial Performance Corp.New York Court of Appeals · 2001
- Bazin v. Walsam 240 Owner, LLCNew York Supreme Court · 2007
3Cited by1 opinion
- Mak Tech. Holdings Inc. v. Anyvision Interactive Tech. Ltd.Appellate Division of the Supreme Court of the State of New York · 2022