Legal Opinion · Concurring in part, dissenting in part
Braun v. 941 Park Ave., Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 2006Published
1Concurring in part, dissenting in partSaxe, J.
(concurring in part and dissenting in part.) The
conflict between the residents of two adjacent units in a Park Avenue cooperative, both of which units have main entryways that open onto a shared vestibule, presented a unique problem for the cooperative’s board to resolve. The solution arrived at by the board was to rely upon a previously enacted house rule, modified so as to add a provision that applies solely to the vestibule in question. Because the rule the board relied upon, as applied to this situation, gives one shareholder extra benefits while depriving the other of even the ordinary…
2Cases cited7 opinions
- Auerbach v. BennettNew York Court of Appeals · 1979
- Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
- Vernon Manor Co-operative Apartments, Section I, Inc. v. Salatino, New York County Courts1958
- Ludwig v. 25 Plaza Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Garrison Apartments, Inc. v. SabourinCivil Court of the City of New York · 1982
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