Ainetchi v. 500 West End LLC

The weight of the evidence did not support the trial court’s fact-finding determination that the mechanical room at issue belonged to Penthouse West, the unit purchased by plaintiffs (see Green v William Penn Life Ins. Co. of N.Y., 74 AD3d 570, 571 [2010]). Pursuant to the offering plan floor plans and the tax lot floor plans, the mechanical room at issue was contained within Penthouse East. Although the plans drafted by defendant’s architect (the BKS Plans) labeled the mechanical room “W212,” this information conflicted with the door and finish schedule also included within the BKS Plans,…