Opinion
March 19, 1998
Appeal from the Appellate Term of the Supreme Court, First Department (Ostrau, P. J., and Freedman, J.; McCooe, J., dissenting).
Appellate Term properly concluded that, under the circumstances herein, tenants' replacement of a 27-year-old stove with a new stove was merely a technical violation of the "no alterations" clause of the parties' lease as opposed to a significant violation of a substantial obligation thereof ( see, Matter of Park W. Vil. v. Lewis, 62 N.Y.2d 431, 436-437). Vacatur of the award of counsel fees to the landlord was appropriate where the petition was properly dismissed and the central relief sought by the landlord was denied ( Nestor v. McDowell, 81 N.Y.2d 410, 415-416). Denial of tenants' application for counsel fees where tenants' breach of the lease, albeit minor, was established, was also appropriate.
Concur — Lerner, P. J., Sullivan, Rosenberger, Nardelli and Andrias, JJ.