Landlord of Co-op Building Can Install Rooftop Garden

Tenants, who held proprietary lease to co-op apartment, sued to stop landlord cooperative corporation from installing a garden on the roof of the building. Tenants lived in a penthouse apartment right below the roof. They claimed that constructing the garden would violate their proprietary lease, and would interfere with their use of the hallway outside their apartment. Tenants asked the court to rule based on the lease documents, claiming that no trial was needed. The court ruled against tenants and dismissed the case. A portion of the proprietary lease stated that landlord had the right to put equipment on the roof, including radio and television antennas. Tenants claimed that this limited the landlord's use of the roof. But the court found no limitation in the lease language. And although tenants had decorated the hallway outside their apartment, they didn't have any right to exclusive use of the hallway.

Baker v. 16 Sutton Place Apt. Corp.: NYLJ, 3/26/08, p. 32, col. 3 (Sup. Ct. NY; Kapnick, J)