Cooperatives and Condominiums

In an action by co-op unit owners for a judgment declaring that they have an exclusive right to the roof terraced adjacent to their apartment, unit owners moved for summary judgment. The court granted the motion, holding that the proprietary lease established unit owners' exclusive right to the rooftop space.

Unit owners purchased a penthouse apartment in 1999 and have occupied it as part-time residents ever since. The apartment adjoins the northern half of the building's roof space; no other apartment adjoins that space, and the only other access is through a door with a sign stating “Emergency Exit Only. Alarm will Sound. Push Here.” When unit owners purchased the apartment, they spent $100,000 to renovate the apartment. The renovations were done pursuant to an agreement with the co-op corporation. On sporadic occasions, the doorman gave the key to the roof deck to other unit owners, generally when the owner of the penthouse apartment was not at home. When someone was at home, the doorman would call up before sending anyone to the roof deck. In 2016, however, the co-op corporation placed a table on the roof deck, and the following year, the corporation destroyed a rock garden tended by unit owners Unit owners then brought this action seeking declaratory relief.