160 A.D.2d 558 | N.Y. App. Div. | 1990
—Order of the Appellate Term, First Department, entered on or about February 21, 1989, which affirmed a final judgment in favor of petitioner in a summary nonpayment proceeding of the Civil Court, New York County (Marshall Berger, J.), entered on December 15, 1987, is unanimously affirmed, with costs and disbursements.
Defendant was a tenant at plaintiff landlord’s premises at 81 Franklin Street in Manhattan. Tenant utilized landlord’s premises as a sculpture casting studio and an art studio displaying sculpture. In January of 1987, the landlord began construction of a new elevator, the shaft of which ran through tenant’s gallery. Such construction adversely affected tenant’s use of the premises as a gallery due to noise, scattered dust and debris, and the moving of track lighting.