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GARZA v. 508 WEST 112TH STREET, INC.

52 A.D.3d 271 (2008)

859 N.Y.S.2d 431

ELIZABETH GARZA et al., Respondents-Appellants, v. 508 WEST 112TH STREET, INC., Appellants-Respondents.

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

Decided June 10, 2008.

The court properly found that issues of fact exist as to whether plaintiffs have a right to exclusive use of the roof, ancillary to their tenancy in the penthouse apartment. Paragraph 31 of the lease for the penthouse apartment signed by plaintiff Garza in 1982 provided in handwriting and initialed: "Usage of roof terrace subject to landlord's approval." After that apartment was combined with the other penthouse in 1989, a new lease was executed, whose paragraph 20 (2) provided...

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