Elliot Utrecht v 142 East 49th Street Owners Corp.

Utrecht v 142 E. 49th St. Owners Corp. 2006 NY Slip Op 03690 [29 AD3d 363] May 11, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 19, 2006

Elliot Utrecht et al., Appellants,
v
142 East 49th Street Owners Corp. et al., Respondents, et al., Defendants.

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Judgment, Supreme Court, New York County (Marilyn Shafer, J.), entered February 16, 2005, dismissing the complaint with prejudice, granting defendants' counterclaims, and awarding defendants attorneys' fees in the amount of $34,064.76, unanimously affirmed, without costs.

In this action for declaratory and injunctive relief, there were no questions of fact that the landlord defendants had the authority to install and lock the outer door intercom/buzzer security system, and that plaintiffs' interference therewith was a violation of the lease. Nor did plaintiffs have an implied easement for use of an unlocked outer door, the result of which was, at most, a minor inconvenience that did not substantially interfere with their reasonable use and enjoyment of the leased premises (Wilson v Palmer, 229 AD2d 647 [1996]).

The full award of attorneys' fees was proper. Concur—Buckley, P.J., Saxe, Nardelli, Gonzalez and Catterson, JJ.