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ARTICLE · 18 OCTOBER 2018

"Up On The Roof"

Smith Gambrell & Russell
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Every aspect of residential cooperative or condominium life sooner or later becomes the subject of disagreement

United StatesReal Estate and Construction
Victor Metsch
Victor Metsch
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When this old world starts getting me down

And people are just too much for me to face

I climb way up to the top of the stairs

And all my cares just drift right into space...[*]

Every aspect of residential cooperative or condominium life sooner or later becomes the subject of disagreement. And disputes as to responsibility for maintaining, and the right to use or build on, the roof are frequent in our Courts. A few recent examples follow:

Hersh v. One Fifth Ave. Apt. Corp., 2018 NY Slip Op 05522, App. Div. 1st Dept. (July 26, 2018)

Supreme Court granted defendant's motion to dismiss the claim for breach of fiduciary duty and denied plaintiff's motion to amend the complaint.

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