Board of Managers of 60 Greene Condominium v. Acacia SoHo, LLC

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered February 28, 2008, which denied the parties’ respective motions for summary judgment and granted that branch of plaintiffs cross motion as sought leave to amend the complaint, unanimously affirmed, without costs.

Plaintiff is a residential condominium; defendant corporate unit owner purchased from the sponsor the right to develop a roof-top unit in formerly common space. In a first amendment to the offering plan, the sponsor indicated its intention to develop the penthouse and agreed that, within 60 days after obtaining city…