Cooperatives & Condominiums

Commercial Unit Owner Does Not Hold Title to Vaults And Cellar

Board of Managers of The Atrium Condominium v. West 79th Street Corp.

NYLJ 12/18/03, p. 27, col. 3

AppDiv, First Dept

(memorandum opinion).

In the condominium's declaratory judgment action, commercial unit owner appealed from Supreme Court's order declaring that commercial owner held neither title to nor an easement over the vaults or west cellar adjacent to the commercial unit. The Appellate Division affirmed, concluding that both the vaults and the west cellar were common elements of the condominium.

Commercial unit owner owns a portion of the cellar known as the East Cellar, together with the adjacent vault on the east side of the subject building. The condominium sought to establish that commercial unit owner has no title or easement over the west cellar. The condominium documents identify the “Lobell Plans” as the sole reference for defining the common elements, the commercial unit, and the residential unit, and the Lobell Plans depict the West Cellar and the vaults as a common element. That, in the court's view, was determinative of the title issue.

With respect to the easement claim, commercial unit owner relied on a provision in the condominium declaration granting it ingress and egress over the common elements, together with a right to store items on the common elements and to make uses “reasonably necessary incident to the operation of the Commercial Unit.” In the court's view, however, that language was insufficient to create an express easement for exclusive use of the common elements as commercial unit owner sees fit. The court also rejected easement by implication and estoppel claims, and held that unit owner had not established adverse possession or easement by prescription for failure to show the requisite period of hostile use.

Commercial Unit Owner Does Not Hold Title to Vaults And Cellar

Board of Managers of The Atrium Condominium v. West 79th Street Corp.

NYLJ 12/18/03, p. 27, col. 3

AppDiv, First Dept

(memorandum opinion).

In the condominium's declaratory judgment action, commercial unit owner appealed from Supreme Court's order declaring that commercial owner held neither title to nor an easement over the vaults or west cellar adjacent to the commercial unit. The Appellate Division affirmed, concluding that both the vaults and the west cellar were common elements of the condominium.

Commercial unit owner owns a portion of the cellar known as the East Cellar, together with the adjacent vault on the east side of the subject building. The condominium sought to establish that commercial unit owner has no title or easement over the west cellar. The condominium documents identify the “Lobell Plans” as the sole reference for defining the common elements, the commercial unit, and the residential unit, and the Lobell Plans depict the West Cellar and the vaults as a common element. That, in the court's view, was determinative of the title issue.

With respect to the easement claim, commercial unit owner relied on a provision in the condominium declaration granting it ingress and egress over the common elements, together with a right to store items on the common elements and to make uses “reasonably necessary incident to the operation of the Commercial Unit.” In the court's view, however, that language was insufficient to create an express easement for exclusive use of the common elements as commercial unit owner sees fit. The court also rejected easement by implication and estoppel claims, and held that unit owner had not established adverse possession or easement by prescription for failure to show the requisite period of hostile use.