Mengoni v. Passy

I respectfully dissent from so much of the majority opinion as affirms the dismissal of the holdover petition. Paragraph 5 of tenant’s residential lease, projected into his statutory tenancy, provides: “Tenant shall make no changes, alterations or improvements of any kind in or to the demised premises without landlord’s prior written consent” (emphasis added). In clear violation of this express prohibition, tenant installed new cabinets and a dishwasher in the kitchen, replaced the stove and refrigerator, and, in the bathroom, replaced the vanity, sink, and cabinet mirrors. After the work,…