VALE v. ISAACS

3960, M-2799.

2008 NY Slip Op 06275

ELEANOR P. VALE, Plaintiff-Appellant, v. JEREMY ISAACS, Defendant-Respondent.

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

Decided July 15, 2008.


Attorney(s) appearing for the Case

Lewis S. Sandler, New York, for appellant.

Herrick Feinstein LLP, New York (William R. Fried of counsel), for respondent.

Before: Lippman, P.J., Andrias, Sweeny, Renwick, JJ.


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 of such terrace which immediately adjoins...

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