Chambers v. 15 Beach Owners, Inc.

Full title: DIANE CHAMBERS, Appellant, v. 15 BEACH OWNERS, INC., et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 1995

221 A.D.2d 400 (N.Y. App. Div. 1995)

633 N.Y.S.2d 1016

Opinion

November 13, 1995

Appeal from the Supreme Court, Nassau County (Kutner, J.).

Ordered that the order is affirmed, with costs.

Upon our review of the record, we find that the Supreme Court properly concluded that no question of fact exists with respect to the defendants' refusal to approve the plaintiff's sublease of her cooperative apartment (see, Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 N.Y.2d 530, 540; Joint Queensview Hous. Enter. v Balogh, 174 A.D.2d 605). Furthermore, under the terms of the proprietary lease, the Supreme Court properly determined that the defendants are entitled to an award of reasonable attorney's fees. Ritter, J.P., Pizzuto, Santucci and Krausman, JJ., concur.