KIAM v. PARK & 66TH CORPORATION

1102, 1103, 1103A, 1103B, 601424/07.

66 A.D.3d 415 (2009)

886 N.Y.S.2d 161

2009 NY Slip Op 6785

VICTOR K. KIAM et al., Respondents, v. PARK & 66TH CORPORATION et al., Appellants.

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

Decided October 1, 2009.


The record reveals no basis to disturb the court's factual findings supporting its conclusion that the "exclusive use" of the roof appurtenant to the penthouse apartment afforded plaintiffs under the proprietary lease included the right to enclose the space (see Saperstein v Lewenberg, 11 A.D.3d 289 [2004]). There is sufficient evidence to find that the board approved the initial construction...

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