This was originally published on the SGR Blog.
Paul M. Lincoln sued Residences at Worldwide Plaza in Small Claims Court for “loss of use of property.” He sought damages for the loss of use of his condominium unit’s outdoor terrace as a result of renovation of the building’s exterior.
The material facts were not disputed at trial. Lincoln owns Unit 7G at the Residences, a multi-unit condominium building located at 350 West 50th Street, New York, New York. The apartment is 624 square feet, nearly identical in most respects to the other “G line” units above and below the apartment– with the exception of a large terrace adding an additional 1,028 square feet. Given the relative size of the terrace and apartment, Lincoln regularly utilized the terrace for personal use and to host gatherings, particularly during warmer months. For the additional square footage compared to other apartments, Lincoln paid $335 more per month than other “G line” unit owners lacking terraces.
Continue reading