Trial Needed on Who Installed Sunshade

July 7, 2012

LVT Number: #24194

Landlord cooperative corporation sued tenant shareholder, claiming that she was responsible for repairs to a terrace sunshade. Tenant claimed that landlord was responsible. The court ruled for tenant and dismissed the case. Landlord appealed, and the case was reopened. There were issues of fact as to who actually installed the original structure. The proprietary lease stated that costs in connection with the sunshade were the tenant's responsibility if the structure was put up by tenant or prior tenant. This hadn't been established.

Landlord cooperative corporation sued tenant shareholder, claiming that she was responsible for repairs to a terrace sunshade. Tenant claimed that landlord was responsible. The court ruled for tenant and dismissed the case. Landlord appealed, and the case was reopened. There were issues of fact as to who actually installed the original structure. The proprietary lease stated that costs in connection with the sunshade were the tenant's responsibility if the structure was put up by tenant or prior tenant. This hadn't been established.

Gramercy Park Residence Corp. v. Ellman: NYLJ, 6/7/12, p. 24, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Sweeny, DeGrasse, Freedman, JJ)

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