1045 Park Avenue Owners Corp. v. Kirby
Opinion of the Court
Order and judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered August 24 and September 28, 1995, respectively, which, inter alia, granted plaintiffs motion for summary judgment and awarded plaintiff $37,661.87 against defendants Kirby and Gsell for unpaid maintenance charges due between February 1, 1993 and September 30, 1995, unanimously affirmed, with costs.
The unambiguous language of the proprietary lease and the corporate by-laws expressly authorizes plaintiff to increase the share allocation and the corresponding maintenance charges in situations, such as the instant one, where tenants-shareholders enlarge their apartment after their purchase of the unit. Moreover, the contract of sale of the subject apart
We have considered defendants-appellants’ other claims and find them to be without merit. Concur — Murphy, P. J., Wallach, Ross, Nardelli and Williams, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.