Case Type
Other
Housing Type
Co-op
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
153710/24
Slip Opinion Number
2026 NY Slip Op 01477
Petitioner
Southgate Owners Corp.
Respondent
Phylis Esposito
Judge
Webber, J.P., Friedman, J., González, J., O'Neill Levy, J., Michael, J.
Decision/Order Date
2026-03-17
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Division affirmed the Supreme Court's dismissal of a cooperative landlord's action seeking to retroactively collect 30 years of maintenance fees for additional shares allocated to a tenant. The court found that the proprietary lease's plain language only allowed maintenance collection from the date of issuance, not retroactively. The landlord's claim was also time-barred. Additionally, the court affirmed the grant of attorneys' fees to the tenant under the proprietary lease's reciprocal provision, Real Property Law § 234, because the tenant successfully defended the action to enforce purported obligations.
Keywords
Maintenance Fees for Additional Shares; Proprietary Lease Governs; Defendant Shareholder Granted Attorneys’ Fees; Reciprocal Provision Under RPL § 234
Recommended Citation
"Southgate Owners Corp. v. Esposito" (2026). All Decisions. 2155.
https://ir.lawnet.fordham.edu/housing_court_all/2155
