Co-op Lessee Has Right to Exclusive Use of Terrace

Proprietary lessee of one co-op apartment sued her neighbor, claiming that she had the right to use a terrace that was outside their apartments. The neighbor claimed that he alone had a right to use the terrace under the terms of their proprietary leases. The court ruled for the neighbor and dismissed the case.
Lessee appealed and lost. The identical proprietary leases said that "A lessee of an apartment having direct access to a terrace shall have and enjoy the exclusive use of the portion of such terrace which immediately adjoins the apartment." Lessee didn't show that she had direct access to the terrace. Her neighbor, on the other hand, had direct access to the terrace through the door in his apartment immediately adjoining the terrace.

Vale v. Isaacs: NYLJ, 7/17/08, p. 34, col. 1 (App. Div. 1 Dept.; Lippman, PJ, Andrias, Sweeny, Renwick, JJ)