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AARONS v. 401 HOTEL, L.P.

12 A.D.3d 293 (2004)

785 N.Y.S.2d 73

FRANK AARONS, Respondent, v. 401 HOTEL, L.P., et al., Appellants. 401 HOTEL, L.P., et al., Third-Party Plaintiffs-Respondents-Appellants, v. J.I. HASS COMPANY, INC., Third-Party Defendant-Appellant-Respondent.

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

November 23, 2004.

The condominium declaration makes clear that 401 Commercial's ownership interest did not include the floor where plaintiff's accident occurred. An undivided interest in the common elements, including the land, does not equate with a proprietary interest in the portion of the building where the accident occurred sufficient to impose liability (see Perez v Paramount Communications, 247 A.D.2d 264

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