DOGWOOD RESIDENTIAL, LLC v. STABLE 49, LTD.

5963 157621/15.

159 A.D.3d 490 (2018)

73 N.Y.S.3d 149

2018 NY Slip Op 01574

DOGWOOD RESIDENTIAL, LLC, et al., Respondents, v. STABLE 49, LIMITED, Appellant.

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

Decided March 13, 2018.


Plaintiffs allege that defendant breached their proprietary lease by failing to make necessary repairs to the private elevator and roof that are part of the "exclusive area" appurtenant to their penthouse apartment. The proprietary lease obligates shareholder lessees to maintain their apartments, except for repair and maintenance of the "Building's structure," for which defendant is solely responsible so long as such repair or maintenance is not necessitated by the lessees...

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