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1045 Park Avenue Owners Corp. v. Kirby
Citations: 227 A.D.2d 291; 642 N.Y.S.2d 881
Court: Appellate Division of the Supreme Court of the State of New York; May 21, 1996; New York; State Appellate Court
The Supreme Court of New York County, under Justice Beatrice Shainswit, issued an order and judgment on August 24 and September 28, 1995, granting the plaintiff's motion for summary judgment. The court awarded the plaintiff $37,661.87 against defendants Kirby and Gsell for unpaid maintenance charges accrued between February 1, 1993, and September 30, 1995. The ruling was unanimously affirmed with costs. The court established that the proprietary lease and corporate by-laws explicitly permit the plaintiff to adjust share allocation and maintenance charges in cases where tenant-shareholders expand their apartments post-purchase. The defendants' purchase contract for the penthouse apartment bound them to these documents, which stated the apartment was sold "as is." Although the potential for expansion was acknowledged during the sale, the costs associated with such expansion were not included in the initial share allocation and maintenance fees. The court concluded that the defendants' intentions at the time of purchase could not alter the clear, unambiguous terms of the governing documents. Other claims made by the defendants were deemed meritless.