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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)

Citation
O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)
Parent Document
O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)
Jurisdiction
New York (state)
Effective Date
2022-06-14

Other Sections in This Document (20)

Full Text

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The complaint states a cause of action for breach of article I, paragraph first of the proprietary lease, which requires the Co-op to maintain all structural parts of the building, including the apartment's walls and ceilings. To the extent the Co-op defendants contend that under the exculpatory clauses of the proprietary lease, they are not responsible for breaches by other shareholders of the cooperative, this argument is unavailing. The owner of a multiple dwelling has a nondelegable duty to maintain the building in good repair under Administrative [*2]Code of the City of New York § 27-2005 (a), which applies irrespective of the source of the damage to the structural elements of the building.