within the interior of the Apartment: as relevant here, "interior walls, floors and ceilings,
plumbing, gas and heating fixtures and equipment [including] exposed gas, steam and
water pipes attached to fixtures, appliances and equipment and the fixtures, appliances
and equipment to which they are attached, and any special pipes or equipment which the
Lessee may install within the wall or ceiling, or under the floor, but [not including] gas,
steam, water or other pipes or conduits within the walls, ceilings or floors or air
conditioning or heating equipment which is part of the standard building equipment"
(Lease/Amended Lease ¶ 18[a]). In short, as Dowd explained: "The
building is responsible for anything inside the walls. Basically the shareholder, if you can
see it, you own it" (5/17 1608:1-8).
Plaintiff was responsible for monthly maintenance charges and a pro rata
share of any assessments or special maintenance charges levied by the Corporation,
"without any deduction on account of any set-off or claim which the Lessee may have
against the Lessor" (Lease/Amended Lease ¶¶ 1[a], 12). The Lease
authorized a penalty for late payments: interest at the maximum legal rate ." The
Amended Lease authorized the Corporation to impose a late charge if Plaintiff fails to
pay her maintenance when due, and to charge interest at a rate of 1.5% per month or the
maximum rate allowed by law, whichever is lower (Lease/Amended Lease
¶ 12).
Water began infiltrating the Apartment in late 2005 and continued until
approximately 2016, from various sources (Ct Exh 4A ¶ 6, 4/20
31:2-18, 5/7 954:19, et seq.).[FN6]
Plaintiff complained promptly about the leaks, though the parties disagreed as to which
party bore responsibility for repairs.