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BRADY v. 450 WEST 31ST OWNERS CORP.

70 A.D.3d 469 (2010)

894 N.Y.S.2d 416

JAMES BRADY et al., Appellants, v. 450 WEST 31ST OWNERS CORP., Respondent, et al., Defendants.

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

Decided February 11, 2010.

Paragraph 7 of the second amendment to the offering plan contains no express language giving plaintiffs ownership of or veto power over the building's development rights or air rights (compare Jumax Assoc. v 350 Cabrini Owners Corp., 46 A.D.3d 407, 408 [2007] ["roof rights reserved for (plaintiff) in the 1986 offering plan"]). It reserves for plaintiffs the right, as permitted by the relevant laws, to construct or extend structures...

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