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SHAPIRO v. 350 E. 78TH STREET TENANTS CORP.

1925, 105318/07.

85 A.D.3d 601 (2011)

926 N.Y.S.2d 67

2011 NY Slip Op 5404

FLORENCE SHAPIRO, Respondent, v. 350 E. 78TH STREET TENANTS CORP., Appellant.

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

Decided June 23, 2011.

Plaintiff's status as shareholder of the subject unit entitles her to use the roof appurtenant to her apartment. The proprietary lease provides that "the Lessee shall have and enjoy the exclusive use of the . . . roof and/or that portion of the roof appurtenant to the penthouse, subject to the applicable provisions of this lease" and the offering plan states that the tenant's roof apartment "will have the exclusive use of the roof of the Front House (and penthouse thereon...

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