Landlord-Tenant—Co-Ops—Shareholder Allegedly Breached Lease by Installing Air Conditioning System Without Landlord’s Permission—Defenses Included Waiver, Promissory Estoppel and That Landlord Had Approved the Installation—Shareholder’s Motion to Obtain Discovery and Landlord’s Cross-Motion for Summary Judgment Denied—”Mens Rea Is Not an Element of an Illegal Lockout Proceeding”
A cooperative corporation (co-op) commenced a holdover proceeding against a shareholder, seeking possession of the subject premises (apartment) on the grounds that the shareholder breached his lease by installing a central air-conditioning system (HVAC system) without the co-op’s permission. The shareholder asserted defenses of “waiver, promissory estoppel, and that [co-op] actually approved installation of the HVAC system.” The shareholder had moved for discovery. The co-op had cross moved for summary judgment.
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