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BRADY v. 450 W. 31ST OWNERS CORP

Appellate Division of the Supreme Court of New York, First Department.
Feb 11, 2010
Important Paras
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Paragraph 7 of the second amendment to the offering plan contains no express language giving plaintiff's ownership of or veto power over the building's development rights or air rights ( compare Jumax Assoc. v 350 Cabrini Owners Corp., 46 AD3d 407, 408 ["roof rights reserved for (plaintiff) in the 1986 offering plan"]). It reserves for plaintiff's the right, as permitted by the relevant laws, to construct or extend structures on the roof that may be built without the use of the building's development rights.

[Prior Case History: 2009 NY Slip Op 30599(U).]