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365 W. End Ave. v Rosenblum
2004 NY Slip Op 50044(U)
Decided on February 5, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on February 5, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. MARTIN SCHOENFELD, Justices.
571263/02

365 WEST END AVENUE, LLC, Petitioner-Landlord-Appellant,

against

DR. ROBERT ROSENBLUM AND LILA S. ROSENBLUM, Respondents-Tenants-Respondents.


Landlord appeals from an order and final judgment of the Civil Court, New York County, entered September 12, 2002 after a nonjury trial (Douglas E. Hoffman, J.) granting judgment to tenants dismissing the petition in a holdover summary proceeding.


PER CURIAM:

Order and final judgment entered September 12, 2002 (Douglas E. Hoffman, J.) affirmed, with $25 costs, for the reasons stated in the decision of Douglas E. Hoffman, J. at the Civil Court.

Tenant's replacement of defective kitchen countertops and floor tiles was not a substantial breach of the "no alternations" clause of the lease (see, Mengoni v Passy, 254 AD2d 203), and any objection to the installation of new cabinet doors in 1985 was waived (see, Dice v Inwood Hills Condominium, 237 AD2d 403). Since tenants prevailed with respect to the central relief sought and issues litigated, attorneys' fees were properly awarded in their favor (see, 25 East 83 Corp. v 83rd Street Associates, 213 AD2d 269).

This constitutes the decision and order of the court.