MESSNER v. 112 EAST 83RD STREET TENANTS CORP.


42 A.D.3d 356 (2007)

840 N.Y.S.2d 45

JOAN MESSNER, Appellant, v. 112 EAST 83RD STREET TENANTS CORP. et al., Respondents.

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

Decided July 19, 2007.


The tenant from whom plaintiff purchased her shares obtained the co-op board's permission to enclose the terrace appurtenant to this penthouse apartment with a glass roof and windows, creating a greenhouse structure. Plaintiff claims that defects in the structure and the roof of the building allow water to leak into her apartment and greenhouse and that defendants are responsible for making and paying for the necessary repairs. The motion court correctly held that the co...

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