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BOARD OF MANAGERS OF 500 WEST END CONDOMINIUM v. AINETCHI

4651, 107344/04.

84 A.D.3d 603 (2011)

923 N.Y.S.2d 485

THE BOARD OF MANAGERS OF 500 WEST END CONDOMINIUM, Plaintiff, and KEVIN MALONEY, Intervenor-Respondent, v. ISAAC AINETCHI et al., Appellants.

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

Decided May 19, 2011.

This appeal involves a dispute between the owners of two duplex penthouse condominiums located on the 13th and 14th floors of a Manhattan building concerning the intervenor's use of certain exterior space. Defendants Ainetchi and Krasnow are the owners of Penthouse West and Maloney is the owner of Penthouse East.

Pursuant to the terms of a purchase agreement, Maloney was prohibited from, inter alia, applying to the Department of Buildings (DOB) "for a construction...

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