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BATSIDIS v. WALLACK MGT. CO.

65 A.D.3d 332 (2009)

882 N.Y.S.2d 102

ARTHUR BATSIDIS, Appellant, v. WALLACK MANAGEMENT COMPANY, INC., et al., Respondents.

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

Decided July 2, 2009.

Attorney(s) appearing for the Case

Warren S. Hecht, Forest Hills, for appellant.

Axelrod, Fingerhut & Dennis, New York City (Lance Luckow of counsel), for respondents.

BUCKLEY, McGUIRE, MOSKOWITZ and ACOSTA, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

This dispute concerns the scope of a cost-shifting provision in a standard alteration agreement between the proprietary lessee of a co-op apartment and the cooperative corporation and its management company. We hold that the cost-shifting provision is proper, clear, unambiguous and enforceable as written; we reject plaintiff's contention that the provision may be applied only where the cooperative corporation is determined...

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