Landlord—Tenant—Rent Stabilization—Contrary to a Landlord’s Claim, Evidence Did Not Demonstrate That Alterations Caused “Lasting Or Permanent Injury To the Premises”—A “Meaningful Cure” Was Not Possible—Tenant Was Entitled to Opportunity to Cure—RPAPL 753(4)

ALTHOUGH A TRIAL COURT determined that a tenant had breached the “no alterations” clause of a lease by making “alterations to his bathroom, which included the removal of the sink, toilet, medicine cabinet and a wall,” the landlord appealed to the Appellate Term with respect to whether the tenant had a right to cure the breach pursuant to RPAPL 753 (4).

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