Valley View Gardens of Monsey, N. Y., Section II, Inc. v. Valley View Gardens, Inc.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Bergerman, J.), entered April 25, 1991 in Rockland County, which, inter alia, granted defendant’s motion for summary judgment declaring, inter alia, that defendant may require all of plaintiffs tenants to pay a reasonable fee for the use of defendant’s recreational facility.

Plaintiff and defendant are cooperative apartment corporations that each hold one half of a formerly unified apartment complex in Rockland County. By deeds dated September 30, 1977, a common grantor…