BAKER v. 16 SUTTON PLACE APARTMENT CORPORATION

345, 106380/02

72 A.D.3d 500 (2010)

898 N.Y.S.2d 131

ALIXANDRA C. BAKER et al., Appellants, v. 16 SUTTON PLACE APARTMENT CORPORATION, Respondent.

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

Decided April 13, 2010.


Plaintiffs, the tenants-shareholders of a penthouse apartment in defendant cooperative's residential building, seek an injunction precluding defendant from utilizing the common-area roof as a garden. Plaintiffs' apartment, which is on the building's lower roof, includes a terrace that is adjacent to, and wraps around, the apartment itself; the upper common-area roof overlooks plaintiffs' terrace. In support of their motion, plaintiffs rely on paragraph 7 of article I of the...

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