79 W. 12TH ST. CORP. v. KORNBLUM

Index No. 154129/17. Appeal No. 15115. Case No. 2020-04885.

201 A.D.3d 543 (2022)

157 N.Y.S.3d 378

2022 NY Slip Op 00351

79 West 12th Street Corp., Respondent, v. Arlene Stein Kornblum et al., Appellants.

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

Decided January 20, 2022.


Attorney(s) appearing for the Case

Patterson Belknap Webb & Tyler LLP, New York ( Meghan Larywon of counsel), for appellants.

Kaufman, Friedman, Plotnicki & Grun, LLP, New York ( Stanley M. Kaufman of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, Shulman, Higgitt, JJ.


Plaintiff failed to rebut defendants' evidence that the 2010 "Amended and Restated House Rules and Policies and Procedures" (the 2010 house rules) replaced the earlier version of the house rules, which required residents to obtain permission before harboring a pet. Moreover, plaintiff's president's affidavit statement that it was unclear whether the 2010 house rules were adopted failed to raise an issue of fact as to which house rules were in effect at the relevant time,...

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