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110 CENT. PARK S. CORP. v. BOARD OF MGRS. OF 116 CENT. PARK S. CONDOMINIUM

10069, 151251/12.

106 A.D.3d 520 (2013)

964 N.Y.S.2d 906

2013 NY Slip Op 3550

110 CENTRAL PARK SOUTH CORPORATION, Appellant, v. BOARD OF MANAGERS OF 116 CENTRAL PARK SOUTH CONDOMINIUM, Respondent.

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

Decided May 16, 2013.

The court correctly held that, where a chimney extension altered pursuant to Administrative Code of City of NY § 27-860 was no longer in use, the test for whether it had to be removed was whether it constituted a hazard or nuisance (see e.g. Lichter v 349 Amsterdam Ave. Corp., 22 A.D.3d 394 [1st Dept 2005], lv denied 6 N.Y.3d 704 [2006]). As factual issues exist on those questions,...

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