AMATO v. DAYTON BEACH PARK NO. 1 CORP.

2019-00465. Index No. 8828/17.

201 A.D.3d 684 (2022)

161 N.Y.S.3d 288

2022 NY Slip Op 00157

Stacey Pheffer Amato et al., Appellants, v. Dayton Beach Park No. 1 Corp., Respondent.

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

Decided January 12, 2022.


Attorney(s) appearing for the Case

Van Leer & Greenberg, New York, NY ( Howard B. Greenberg and Evan Van Leer-Greenberg of counsel), for appellants.

Norris McLaughlin, P.A., New York, NY ( Michael T. Reilly and Kimbrilee M. Weber of counsel), for respondent.

Dillon, J.P., Barros, Christopher and Zayas, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Stacey Pheffer Amato is the proprietary lessee of a cooperative apartment in Rockaway Beach, where she resides with her husband, the plaintiff Frank Amato, and their children. The defendant is the cooperative corporation that owns the building where the subject apartment is located.

In 2013, the defendant commenced a nonpayment proceeding in the Civil Court against Stacey...

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