VALE v. ISAACS


53 A.D.3d 421 (2008)

862 N.Y.S.2d 40

ELEANOR P. VALE, Appellant, v. JEREMY ISAACS, Respondent.

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

Decided July 15, 2008.


In this litigation between owners of cooperative apartments at Hampshire House on Central Park South, plaintiff failed to raise issues of fact precluding summary judgment for defendant concerning the application of the lease to the parties' right to use the terrace. Pursuant to the identical proprietary leases at hand, "A lessee of an apartment having direct access to a terrace shall have and enjoy the exclusive use of the portion...

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