Gramercy Park Residence Corp. v. Ellman
Supreme Court of the State of New York, Appellate Division, First Department, June 14, 2018
Defendant had a sunshade on the terrace of her coop apartment and enclosed it to create another room without permission from the coop (plaintiff). Coop sued for cost of removing the enclosed structure and defendant asserted counterclaim seeking to have coop reimburse her for the cost of restoring the sunshade. In 2005, the Supreme Court granted defendant summary judgment on counterclaim and awarded her legal fees; coop appealed and the 1st Dept. modified to deny defendant’s motion for summary judgment and remanded. The coop then moved for summary judgment dismissing the counterclaim, which the Supreme Court granted and awarded the coop attorneys’ fees and disbursements. This Court affirms.