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WACHTEL v. PARK AVE & 84TH ST., INC.

11063.

180 A.D.3d 545 (2020)

120 N.Y.S.3d 21

2020 NY Slip Op 01242

Anna Wachtel et al., Appellants, v. Park Ave & 84th St., Inc., et al., Respondents.

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

Decided February 20, 2020.

The motion court correctly found that the cause of action for a declaration that the alterations made to the apartment in 1974 by defendant Park Ave. & 84th St. (the Co-op) are unlawful and that the Co-op is obligated to cure them presents no justiciable controversy (see Long Is. Light. Co. v Allianz Underwriters Ins. Co., 35 A.D.3d 253 [1st Dept 2006], appeal dismissed 9 N.Y.3d 1003

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