Semel v. Kubali

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 30, 2012, which denied defendants’ motion *480for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The parties are owners of adjacent condominium units on the top floor of a six-story building. Together with another unit owner, they obtained rights from the condominium board for each of them to build a room on the rooftop and a terrace, and jointly retained an architect. When the project was complete, plaintiff asserted that the new fence between his terrace and defendants’ terrace was…