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1045 PARK AVE. OWNERS CORP. v. KIRBY

227 A.D.2d 291 (1996)

642 N.Y.S.2d 881

1045 Park Avenue Owners Corp., Respondent, v. Lynn Kirby et al., Appellants, et al., Defendant

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

May 23, 1996

The unambiguous language of the proprietary lease and the corporate by-laws expressly authorizes plaintiff to increase the share allocation and the corresponding maintenance charges in situations, such as the instant one, where tenants-shareholders enlarge their apartment after their purchase of the unit. Moreover, the contract of sale of the subject apartment, whereby defendants agreed to be bound by the proprietary lease and...

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