853 v. Alan Christophe, Respondent-Tenant-Appellant, and Nicholas Cievrieux and "Jane Doe", Respondents. (2026)

Per Curiam.

Final judgment entered on or about April 16, 2025 (Elizabeth J. Yalin-Tao, J.), affirmed, without costs.

Upon the trial of this holdover summary proceeding, the court expressly found that tenant breached his proprietary lease agreement by making "structural alterations, additions and improvements" to the kitchen of his cooperative apartment "that were not approved by the Board of Directors . . . or permitted by the Department of Buildings," including "switch[ing] the location of the stove and kitchen sink from the original positions to opposite sides of the room, requiring movement of gas and water lines, and ... remov[ing] the entire wall dividing the kitchen and living room to create an open kitchen concept."

Based upon these express findings which tenant does not now challenge, he was not entitled to a postjudgment opportunity to cure pursuant to RPAPL § 753 (4). It is implicit from the court's findings that tenant's unauthorized alterations caused a "lasting and permanent injury to the premises" that was not capable of any meaningful cure (259 W. 12th, LLC v Grossberg, 89 AD3d 585, 586 [2011]; see Freehold Inv. v Richstone, 34 NY2d 612 [1974]; 230 E. 14th St. LLC v Klufas, 11 Misc 3d 132[A], 2006 NY Slip Op 50368[U] [App Term, 1st Dept 2006]).

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: September 28, 2026