Goldstone v. Gracie Terrace Apartment Corp.

OPINION OF THE COURT

Saxe, J.

A cooperative shareholder suffered extensive property damage to her apartment when the 10,000-gallon water tank above her unit overflowed, causing flooding in her apartment and, thereafter, accumulations of toxic mold. The plan of renovation and repair proposed by the cooperative’s board of directors would necessitate a 50-square-foot reduction in space of the apartment’s more than 1,400 square feet. The shareholder objected to the proposal, claiming it violated the terms of the proprietary lease, and sought a preliminary injunction prohibiting the board from…