MARIAUX v. TURTLE BAY TOWERS CORP.


301 A.D.2d 460 (2003)

753 N.Y.S.2d 505

HERMINE MARIAUX et al., Appellants, v. TURTLE BAY TOWERS CORP. et al., Respondents.

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

Decided January 28, 2003.


Plaintiffs were assessed in their capacity as shareholders in defendant residential cooperative corporation for extensive repairs made by the cooperative to the terraces and greenhouses appurtenant to their apartments. Although plaintiffs contend the assessments violate the cooperative corporation's proprietary lease, that lease, most notably in its eighteenth paragraph, expressly places responsibility for terrace and greenhouse repairs upon the lessees of the apartments...

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