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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