ROYAL YORK OWNERS CORP. v. ROYAL YORK ASSOCIATES, L.P.


43 A.D.3d 357 (2007)

842 N.Y.S.2d 384

ROYAL YORK OWNERS CORP., et al., Respondents, v. ROYAL YORK ASSOCIATES, L.P., Appellant. (Action No. 1.) ROYAL YORK OWNERS CORP., et al., Respondents, v. ROYAL YORK ASSOCIATES, L.P., Appellant. (Action No. 2.)

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

Decided August 23, 2007.


The subject condominium comprises two 12-story residential apartment buildings separated by a 55-foot-wide open, landscaped courtyard. A two-level underground commercial garage is located at the cellar level of each of the two buildings and directly below the courtyard. The condominium's declaration divides the property into a "Garage Unit" (principally comprising the underground garage), a "Residential Unit" (principally comprising the above-ground portions of the two residential...

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