FAIRMONT TENANTS CORP. v. BRAFF

6796, 152489/15.

162 A.D.3d 442 (2018)

79 N.Y.S.3d 39

2018 NY Slip Op 04083

Fairmont Tenants Corp., Respondent, v. Michael Braff, Appellant, et al., Defendant.

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

Decided June 7, 2018.


There are no issues of fact requiring a trial. The proprietary lease defines the apartment as "the rooms in the building as partitioned on the date of the execution of this lease designated by the above-stated apartment number, together with their appurtenances and fixtures and any closets, terraces, balconies, roof, or portion thereof outside of said partitioned rooms, which are allocated exclusively to the occupant of the apartment" (emphasis added). This clause...

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