Summary
In Kaufman, the board of a cooperative corporation had approved the tenant's alteration plan, but the tenant exceeded the scope of the plans by constructing a deck in addition to the approved alterations.
Summary of this case from Marbar, Inc. v. KatzOpinion
February 14, 1995
Appeal from the Supreme Court, New York County (Peter Tom, J.).
Summary judgment was properly granted since the letter from defendant's contractor to plaintiff requesting permission to perform alterations referred only to replacement of a door and construction of a fence and the drawings apparently attached to the letter did not serve to alert that decking was also to be constructed. In any event, the subsequent, and independent, alteration agreement issued by plaintiff did not incorporate any part of the contractor's letter by reference or otherwise authorize construction of decking; nor did it refer to any oral discussions. Defendant having breached the lease, plaintiff, under the terms thereof, is entitled to recover reasonable attorneys' fees. We have considered defendant's remaining arguments and find them to be without merit.
Concur — Murphy, P.J., Rosenberger, Nardelli and Williams, JJ.