MUSEY v. 425 EAST 86 APARTMENTS CORP.

157316/14, 4280, 4279.

154 A.D.3d 401 (2017)

62 N.Y.S.3d 93

2017 NY Slip Op 06880

J. ARMAND MUSEY, Appellant, v. 425 EAST 86 APARTMENTS CORP. et al., Respondents, et al., Defendant.

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

Decided October 3, 2017.


In December 2012, plaintiff entered into a contract to purchase the shares of a penthouse unit in a cooperative apartment building located in Manhattan. The penthouse included a terrace appurtenant to the unit; however, plaintiff was unable to inspect the terrace prior to purchase because part of the building's roof, including the subject terrace, was undergoing extensive renovation and repair. Plaintiff finalized the purchase of his shares in February 2013.

In July...

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