2018 NY Slip Op 51958

Citation: 2018 NY Slip Op 51958
Jurisdiction: New York (state)
Source verification: cross_accepted_sealed
Original Source: https://www.nycourts.gov/reporter/3dseries/2018/2018_51958.htm ↗

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lease's provisions and the Board's regulations, and that any structure erected by lessee or a
predecessor in interest could be removed and restored by the lessor at the lessee's expense for the
purpose of repairs, upkeep, and maintenance of the building. Id., ¶ 7 (a), (b).

Paragraph 7 (c) describes each unit, and, as to the Apartment, recites that it includes, among
other things, a private elevator, its shaftway through several floors, and the entire roof and all
roof structures, except for other units' chimneys. After describing every other unit, paragraph 7
(c) provides that each of those described areas constitutes all of the building's exclusive areas,
that the lessee of each described area has its exclusive use and "shall be solely responsible for
the maintenance of such areas subject to the conditions and limitations set forth below"
(emphasis added). Paragraph 7 then grants the lessor and other tenants the use of the other [*5]tenants' exclusive areas for several limited purposes and, as is
relevant as to Stable, "[a]ccess for inspections, repair and maintenance purposes; to the extent
that the same affect the repair and maintenance of the Building's structure (so long as the same is
not necessitated, or deterioration accelerated by said Lessee's use), which shall be the sole and
only obligation of [Stable] with regard to the such [sic] exclusive areas."

Shortly after Dogwood LLC acquired its shares, Blumenfeld requested and was granted
consent to allow two guests to temporarily stay with him in the Apartment. Absent written
consent otherwise permitting, the proprietary lease allowed guests to stay for up to a month,
provided that an adult authorized under the lease was in occupancy. Without Blumenfeld or any