Bates v. 55 & 57 East 65th Street Corp.

In the two affirmative defenses which plaintiff attacks it is alleged that a deposit agreement executed by the owner of a proprietary lease covering a co-operative apartment was intended to modify the proprietary lease “ to the extent that the two were inconsistent.” The deposit agreement was admittedly executed on the same day as the proprietary lease and pursuant to its terms. It is quite apparent that the deposit agreement did not give to defendant any - greater rights than were reserved under the express provisions of the proprietary lease, and that an allegation of a contrary intent is…