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1050 FIFTH AVE., INC. v. MAY

247 A.D.2d 243 (1998)

668 N.Y.S.2d 600

1050 Fifth Avenue, Inc., Respondent, v. Monica May, Appellant

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

February 10, 1998

There are no issues of fact requiring a trial. Against clear documentary evidence, to wit, the offering plan, building plans and the proprietary lease, showing that the roof area in question is not part of the demised apartment, defendant offers only that it belongs to her because she has been openly and notoriously using it as a terrace for 30 years. This ignores the provision of the proprietary lease that any shareholder use...

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