Agate v. Lowenbein

In Agate v. Lowenbein, 57 NY 604 [1874], the lease allowed the tenant to make interior alterations as long as no injury to the premises occurred. (Supra, at 605.) However, the Court recognized that injury to the premises could only be ascertained by an examination of the facts: "Whether the acts which defendants did really caused injury, or whether they were reasonably required for the enjoyment of the premises according to the business which they carried on, cannot be determined as a question of law, but is rather a matter of fact. It depends upon the character of the building ... the nature and requirements of the business of the defendants ... the extent of the alterations and their effect upon the property, whether permanent or transitory." (Supra, at 610.)