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CONDOMINIUM BD. OF MGRS. OF SUMMIT v. 415 PR LLC

Index No. 154751/16. Appeal No. 12573. Case No. 2020-00360.

189 A.D.3d 477 (2020)

138 N.Y.S.3d 9

2020 NY Slip Op 07312

Condominium Board of Managers of Tribeca Summit, Appellant, v. 415 PR LLC et al., Respondents.

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

Decided December 8, 2020.

Attorney(s) appearing for the Case

Armstrong Teasdale LLP, New York ( Howard Schechter of counsel), for appellant.

Goldberg Weprin Finkel Goldstein LLP, New York ( Matthew Hearle of counsel), for 415 PR LLC, respondent.

Rothkrug Rothkrug & Spector, LLP, Great Neck ( Simon H. Rothkrug of counsel), for Park Right Corporation, respondent.

Plaintiff operates the condominium comprised of residential and commercial units in its building located at 415 Greenwich Street in Manhattan. By deed dated November 8, 2013, defendant 415 PR LLC purchased the commercial garage unit in the building, and shortly thereafter, entered into a lease with defendant Park Right Corporation for the latter's operation of a public parking facility. Plaintiff asserts that this use violates the garage unit's special permit issued by the...

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