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Co-ops and Condominiums
Questions of Fact Preclude Summary Judgment on Unit Owner's Right to Exclusive Use of Outdoor Space
Heykal Properties, LLC v. 450 West 31st Street owners Corp., 2023 WL 6394576, AppDiv, First Dept. (memorandum opinion)
In commercial tenant's action for breach of the proprietary lease and breach of fiduciary duty, the commercial co-op's board and one of its board members appealed from Supreme Court's denial of their summary judgment motion. The Appellate Division affirmed, holding that questions of fact remained about whether unit owner had a right to exclusive use of adjacent outdoor space.
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