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DAU v. 16 SUTTON PLACE APT. CORP.

Index No. 652954/20. Appeal Nos. 15778-15778A. Case Nos. 2021-02974, 2022-00037.

205 A.D.3d 533 (2022)

169 N.Y.S.3d 268

2022 NY Slip Op 03315

Barbara E. Dau, Respondent, v. 16 Sutton Place Apartment Corporation et al., Appellants.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Braverman Greenspun, P.C., New York ( Tracy Peterson of counsel), for appellants.

Wasserman Grubin & Rogers, LLP, New York ( Isabel D. Knott of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.

The first, eighth, ninth, and tenth causes of action challenge a 2019 amendment to the proprietary lease, which shifted responsibility for maintenance, repair and replacement work on private shareholder terraces from the corporation to the shareholders with terraces. Plaintiff alleges that the amendment breached the portions of the proprietary lease providing that the corporation has an ongoing duty to maintain the structural elements of the building, including terraces,...

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