Freehold Investments v. Richstone — 34 N.Y.2d 612

Majority

p. 612

Freehold Investments, Appellant, v. Geoffrey Richstone, Respondent.

Argued February 13, 1974;

decided March 21, 1974.

p. 613

Ralph H. Wiener for appellant.

Robert P. Baron for respondent.

Order reversed, without costs, and the order of the Appellate Term reinstated in the following memorandum: The evidence persuasively demonstrates, as a matter of law, that the alterations were sufficiently substantial to constitute a significant injury to the reversion, entitling appellant landlord to possession of the premises.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin. Taking no part: Judge Stevens.