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82 RETAIL LLC v. THE EIGHTY TWO CONDOMINIUM

152956/12. 5597. 5596.

158 A.D.3d 429 (2018)

70 N.Y.S.3d 193

2018 NY Slip Op 00628

82 RETAIL LLC, Respondent, v. THE EIGHTY TWO CONDOMINIUM et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 1, 2018.

This Court previously found that the language of the fifth amendment to the offering plan for defendant condominium was ambiguous with respect to whether a frozen yogurt shop was a permissible use of plaintiff's commercial unit (see 82 Retail LLC v Eighty Two Condominium, 117 A.D.3d 587, 588 [1st Dept 2014]). This Court also stated that it could not conclude, as a matter of law, "that the 2011 amendments constituted mere clarifications...

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