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ZIMILES v. HOTEL DES ARTISTES, INC.

216 A.D.2d 45 (1995)

627 N.Y.S.2d 382

Murray Zimiles et al., Respondents-Appellants, v. Hotel Des Artistes, Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 8, 1995

Since the By-Laws and Proprietary Lease of defendant contain no specific authority for the imposition of a sublet surcharge, and since defendant failed to follow the proper procedures to effectuate an amendment of the Proprietary Lease authorizing such a sublet surcharge, the IAS Court properly voided the surcharge ab initio and provided for an appropriate remedy whereby all the improperly obtained surcharges will be returned (see, Zuckerman v 33072 Owners...

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