Von Seggern v. 310 West 49th Street, Inc.

CLARK, Presiding Judge.

By petition for declaratory judgment, plaintiffs sought determination of their obligation to pay the cost of interior improvements to a cooperative apartment building which plaintiffs occupy under perpetual use and equity ownership contracts. Defendant, the corporate owner of the structure, counterclaimed to enforce payment of the disputed charges and penalties. The trial court held plaintiffs not liable for payment of the charges as assessed, enjoined defendant from pursuing collection and awarded plaintiffs their attorney fees and costs. Defendant appeals.

Plaintiffs…