Legal Opinion
Board of Managers v. West 79th Street Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 2003PublishedCited by 4 opinions
1Opinion of the Court
*247Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about December 26, 2001, which, after a nonjury trial, declared that defendant West 79th Street Corp. (W79) held neither title to nor an easement over the vaults or West Cellar adjacent to and under the subject property, unanimously affirmed, without costs.
The adjacent vaults were common elements of the condominium building, and did not belong exclusively to W79, the owner of the commercial unit. It is true that the City owns the vaults and they may not be conveyed in fee simple (see generally Matter of 71 Fifth Ave. Co. v…
2Cases cited6 opinions
- R/S Associates v. New York Job Development AuthorityNew York Court of Appeals · 2002
- 71 Fifth Avenue Co. v. City of New York Department of FinanceNew York Court of Appeals · 1989
- Monte v. DiMarcoAppellate Division of the Supreme Court of the State of New York · 1993
- Four S Realty Co. v. DynkoAppellate Division of the Supreme Court of the State of New York · 1994
- Olin v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Great Jones Studios Inc. v. WellsAppellate Division of the Supreme Court of the State of New York · 2021
- Great Jones Studios Inc. v. WellsAppellate Division of the Supreme Court of the State of New York · 2021
- Liberty Sq. Realty Corp. v. The Doe Fund, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Liberty Sq. Realty Corp. v. The Doe Fund, Inc.Appellate Division of the Supreme Court of the State of New York · 2021