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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Roger Morris Apt. Corp. v. Varela (2016)

Citation
Roger Morris Apt. Corp. v. Varela (2016)
Parent Document
Roger Morris Apt. Corp. v. Varela (2016)
Jurisdiction
New York (state)
Effective Date
2016-11-30

Full Text

732 chars
In opposition, respondents failed to raise any triable issue. Respondents claim that the Board approved their request to install the HVAC system is unsupported and, indeed, belied by their alteration application which expressly stated that no HVAC work would be performed. Nor [*2]can respondents rely upon any purported oral consent to the work by the managing agent. The proprietary lease unambiguously states that "written consent" of the lessor is required. In addition, the alteration application submitted by respondents contained a merger clause which provided that "all prior... understandings between the parties concerning the work are merged in this Agreement which alone expresses the understanding between the parties."