“Roof Use ... or Abuse?”

Stroock & Stroock & Lavan LLP

Outdoor space is perhaps the most valuable commodity in New York City. Some apartment owners look for any way to assert that the area outside their apartment is for their exclusive use. That is just what happened at 401 East 86th Street, and while the case, Fairmont Tenants Corp. v. Braff, seems to be about the use of outdoor space, it also reminds us of the relationship between the proprietary lease and the offering plan.

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