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RICHSTONE v. THE BOARD OF MANAGERS OF LEIGHTON HOUSE CONDOMINIUM

153126/14. 5771. 5770. 5769. 5768.

158 A.D.3d 551 (2018)

71 N.Y.S.3d 445

2018 NY Slip Op 01171

NATALIE RICHSTONE et al., Appellants, v. THE BOARD OF MANAGERS OF LEIGHTON HOUSE CONDOMINIUM, Respondent.

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

Decided February 20, 2018.

Plaintiffs own a penthouse unit that has the exclusive use of the condominium's roof terrace, defined as a limited common element under the condominium's bylaws and declaration. To enable inspection and repair of a water leak affecting many units in the building, defendant installed construction rigging on the terrace. Plaintiffs assert a breach of contract claim based on defendant's building manager's alleged oral promise to them...

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