2018 NY Slip Op 51958

Citation: 2018 NY Slip Op 51958
Jurisdiction: New York (state)
Source verification: cross_accepted_sealed
Original Source: https://www.nycourts.gov/reporter/3dseries/2018/2018_51958.htm ↗

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shareholders/proprietary lessees would be individuals who lived in their apartments, provides
that occupancy by anyone, other than by the lessee, the lessee's spouse, his or her children,
grandchildren, parents, siblings, grandparents, and domestic employees, and in no event by no
more than one married couple, was prohibited without Stable's written consent. Id.,
exhibit 2, proprietary lease, ¶ 14 (a); see also id., exhibit 3, Stable's by-laws, Article
V, § 1 (Board shall adopt a proprietary lease form for the leasing of all apartments "to be
leased to shareholder-tenants under Proprietary Leases," with or without provisions for
assignments and subletting). The proprietary lease's subletting clause generally barred subletting
without the Board's majority consent by resolution, in writing, or, if the Board refused or failed to
consent, by the written consent of the lessees holding at least 51% of the shares, without any
limitation on the right of the Board or the lessees to grant or deny the subletting, for no, or any,
reason, except legally impermissible reasons, except with respect to a sublease of under 12
months, in which case consent could not unreasonably be withheld. Id., exhibit
2, ¶ 15.

Proprietary lease paragraph 18 (b), entitled "Repairs by the Lessee," sets forth the lessee's
obligations with respect to repairing each unit's interior, and provides that additional obligations
of lessees of apartments having various outdoor space, such as terraces and roofs, were set forth
in paragraph 7. Paragraph 7 (b) recites that the Apartment includes the roof space adjacent to and
above it. Paragraph 7(a), as applicable to the Apartment, indicates that Dogwood LLC had the
exclusive use of the part of the roof adjoining and appurtenant to the Apartment, subject to the