FRANKLIN APARTMENT ASSOCIATES, INC. v. WESTBROOK TENANTS CORP.


43 A.D.3d 860 (2007)

841 N.Y.S.2d 673

FRANKLIN APARTMENT ASSOCIATES, INC., Respondent, v. WESTBROOK TENANTS CORP., Appellant.

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

Decided September 11, 2007.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of an interlocutory judgment declaring that the defendant is responsible for the repair of the "shower bodies" and thereafter for an assessment of damages and entry of a final judgment.

The plaintiff is a holder of stock and proprietary leases appurtenant to several apartments in a building owned by the defendant cooperative corporation...

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