Rumiche Corp. v. Eisenreich

In Rumiche Corp. v. Eisenreich (40 NY2d 174 [1976]), no controlling lease provisions existed and the landlord commenced the holdover on the basis of New York City Rent, Eviction and Rehabilitation Regulations 52 (a) which prohibited the tenant from " 'inflicting serious and substantial injury upon the landlord.' " (Supra, at 176-177.) In Rumiche, the tenant replaced a fallen ceiling, repaired a defective light fixture, attached a wooden closet to a wall and erected a wooden frame around the window. The Court held that these alterations did not run afoul of the statutory proscription against alterations causing substantial injury to the premises. (Supra, at 181.)