Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)

Citation: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Parent Document: Orlitsky v. 33 Greenwich Owners Corp., 2025 NY Slip Op 01192 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-04
Original Source: https://www.courtlistener.com/opinion/10349554/orlitsky-v-33-greenwich-owners-corp/ ↗

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Nevertheless, the cause of action for breach of the proprietary lease should be dismissed based upon its plain terms. The complaint alleges that the co-op violated paragraph 15 of the lease by failing to grant plaintiff permission to sublet and in failing to initiate a shareholder meeting to consider the issue. However, the terms of paragraph 15 make clear that the Board of Director's consent to all sublets was required, and there was no limitation on the right to consent or withhold consent for any reason [*2]or for no reason. Further, paragraphs 4(a) and 4 (b) of the lease do not impose upon the co-op any obligation to repair alleged trespass related damages.

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