Standard Realty Associates, Inc. v. Chelsea Gardens Corp.

Order, Supreme Court, New York County (Paul Wooten, J.), entered January 27, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny the motion with respect to the causes of action for trespass and unjust enrichment, and otherwise affirmed, without costs.

Defendants’ submissions show that the western wall of defendant Chelsea’s building was leased to a nonparty for the purpose of posting an advertising sign, which protruded into plaintiffs airspace without plaintiff’s consent or permission. While the encroachment of the…