Warner v. West 90th Owners Corp.

Order, Supreme Court, New York County (Shirley Fingerhood, J.) entered on or about June 13, 1990, and order of the same court entered March 5, 1990, which, inter alia, granted plaintiff’s motion for summary judgment against defendant on the issue of liability, unanimously affirmed, with costs.

Plaintiff, the proprietary lessee and holder of unsold shares to two apartments purchased from the sponsor located a subtenant willing to lease one of the apartments at the market rate, but the Board of Directors approved the subtenant only on condition that the rent not exceed the maintenance plus a 20%…