Tenant-Shareholders Seek to Block New Roof Garden

Tenant-shareholders of cooperative apartment sued landlord co-op corporation to bar landlord from creating a garden for all tenants’ use on the common-area roof. Tenants’ apartment, on the lower roof, included a terrace that wrapped around the apartment. The upper common-area roof overlooked tenants’ terrace. The building rules stated that landlord could put up TV antennas and other equipment on the roof, and maintain any installations. Tenants claimed that landlord therefore had no right to do anything else with the roof, such as install a garden. They also claimed that allowing other tenants to reach the roof by using the hallway leading to their apartment would interfere with their rights. Both sides asked the court to rule without a trial based on the tenants’ lease provisions and other building documents. The court ruled for landlord and dismissed tenants’ claim.

Tenants appealed, and the case was reopened. A trial was needed to determine the intent of the building rules. Emphasizing certain uses of the roof in the building rules didn’t necessarily mean that other uses were excluded.

Baker v. 16 Sutton Place Apartment Corporation: NYLJ, 4/15/10, p. 35, col. 1 (App. Div. 1 Dept.; Andrias, JP, Nardelli, McGuire, Acosta, DeGrasse, JJ)