Goldenberg v. 425 Park-South Tower Corp.

Appellate Division of the Supreme Court of New York

Goldenberg v. 425 Park-South Tower Corp.

2017 NY Slip Op 4784, 151 A.D.3d 522, 55 N.Y.S.3d 44

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 2017

Docket4237 161164/13

StatusPublished

Cited by2 cases

This text of 2017 NY Slip Op 4784 (Goldenberg v. 425 Park-South Tower Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goldenberg v. 425 Park-South Tower Corp., 2017 NY Slip Op 4784, 151 A.D.3d 522, 55 N.Y.S.3d 44 (N.Y. Ct. App. 2017).

Pincite

Opinion

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered November 1, 2016, which, to the extent appealed from as limited by the briefs, denied plaintiffs motion for summary judgment as to liability on the second cause of action (breach of a proprietary lease) and dismissing the counterclaim for a declaration that plaintiff is solely responsible for all repairs related to non-original plumbing in the subject apartment, and granted defendants 425 Park-South Tower Corporation and Goodman Management Co., Inc.’s cross motion for summary judgment dismissing the second cause of action, unanimously affirmed, without costs.

Plaintiff’s proprietary lease provides that the lessor “shall not be required to repair or replace, or cause to be repaired or replaced, equipment, fixtures, furniture, furnishings or decorations installed by [plaintiff] or any previous proprietary lessee of the leased space.” In addition, it provides that plaintiff “shall be solely responsible for the maintenance, repair, and replacement of plumbing, gas and heating fixtures and equipment.” The lease is unambiguous on its face and must be enforced according to the plain meaning of its terms (see Greenfield v Philles Records, 98 NY2d 562, 569-570 [2002]). Contrary to plaintiff’s contention, there is no ambiguity as to whether “gas, steam, water or other pipes or conduits within the walls, ceilings or floors or heating equipment which is part of the standard building equipment,” for which the lease places the responsibility for maintenance, repair, and replacement on the lessor, includes the fixtures or equipment installed by the previous proprietary lessee.

We have considered plaintiff’s remaining arguments and find them unavailing.

Concur — Acosta, P.J., Renwick, Richter, Feinman and Webber, JJ.

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Order, Supreme Court, New York County (Ellen M. Coin, J.), entered November 1, 2016, which, to the extent appealed from as limited by the briefs, denied plaintiffs motion for summary judgment as to liability on the second cause of action (breach of a proprietary lease) and dismissing the counterclaim for a declaration that plaintiff is solely responsible for all repairs related to non-original plumbing in the subject apartment, and granted defendants 425 Park-South Tower Corporation and Goodman Management Co., Inc.’s cross motion for summary judgment dismissing the second cause of action, unanimously affirmed, without costs.

Plaintiff’s proprietary lease provides that the lessor “shall not be required to repair or replace, or cause to be repaired or replaced, equipment, fixtures, furniture, furnishings or decorations installed by [plaintiff] or any previous proprietary lessee of the leased space.” In addition, it provides that plaintiff “shall be solely responsible for the maintenance, repair, and replacement of plumbing, gas and heating fixtures and equipment.” The lease is unambiguous on its face and must be enforced according to the plain meaning of its terms (see Greenfield v Philles Records, 98 NY2d 562, 569-570 [2002]). Contrary to plaintiff’s contention, there is no ambiguity as to whether “gas, steam, water or other pipes or conduits within the walls, ceilings or floors or heating equipment which is part of the standard building equipment,” for which the lease places the responsibility for maintenance, repair, and replacement on the lessor, includes the fixtures or equipment installed by the previous proprietary lessee.

We have considered plaintiff’s remaining arguments and find them unavailing.

Concur — Acosta, P.J., Renwick, Richter, Feinman and Webber, JJ.

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Bluebook (online)

2017 NY Slip Op 4784, 151 A.D.3d 522, 55 N.Y.S.3d 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldenberg-v-425-park-south-tower-corp-nyappdiv-2017.

Opinion

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