New York Law Journal: Realty Law Digest

March 11, 2015

In his weekly Realty Law Digest column (subscription required), Scott Mollen analyzes two holdover proceedings. In 201 W. 89th Owners v. Mostel, the court held that subjective testimony as to cigarette smoke odor was insufficient to demonstrate a violation of the proprietary lease by allowing offensive odors to emanate from an apartment. In Parkchester Preservation Co., v. Randolph, the court rejected a landlord’s narrow interpretation of the term “agent,” and the tenant prevailed on a waiver defense in a proceeding where the landlord alleged that the tenant violated her lease by having a dog in her condominium unit.