P360 SPACES LLC v. ORLANDO

6351 156534/15.

160 A.D.3d 561 (2018)

76 N.Y.S.3d 114

2018 NY Slip Op 02749

P360 Spaces LLC, Appellant, v. Patricia Orlando et al., Respondents, et al., Defendants.

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

Decided April 24, 2018.


The Declaration and Offering Plan are unambiguous and clearly state that the disputed basement space was a Limited Common Element of the front unit owned by plaintiff. The deeds to both parties' units were silent on this issue, but provided that each buyer agreed that their ownership was subject to the Declaration. Paragraph Fifth of the Declaration provided that the use of the basement space was deemed conveyed with the conveyance of the front unit, even if the interest...

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