Stolzman v. 210 Riverside Tenants, Inc. (1st Dept. 2024) construed a license between a cooperative building and one of the tenants/shareholders. In 1991, the co-op granted Stolzman’s predecessor a license to use a 20-square-foot space on the roof to install an air conditioning unit. The agreement was amended in 2002 to permit the lessee “and [l]essee’s successors and assigns” to “use the Space for an air-conditioning unit (“Air Conditioning”) serving the Apartment, and for no other purpose.”
Stolzman put up the apartment for sale in 2018, but the cooperative refused to provide assurances that it would permit a replacement. The First Department held that the second license was unambiguous, permitting use of the space for an air conditioner, even for a replacement unit. Although the license also required the licensee to “maintain” the unit, that did not mean that it could not be replaced. Thus, the First Department granted summary judgment for the tenant.
Stolzman put up the apartment for sale in 2018, but the cooperative refused to provide assurances that it would permit a replacement. The First Department held that the second license was unambiguous, permitting use of the space for an air conditioner, even for a replacement unit. Although the license also required the licensee to “maintain” the unit, that did not mean that it could not be replaced. Thus, the First Department granted summary judgment for the tenant.