Warshaw Burstein Wins Summary Judgment Dismissing Complaint for Alleged Partially Obstructed View of Central Park
03/29/2019Bruce H. Wiener and Slava Hazin, real estate litigation partners at Warshaw Burstein, LLP, won a motion for summary judgment dismissing a complaint filed by a unit owner at the Essex House Condominium, claiming damages for an allegedly partially obstructed view of Central Park. The Supreme Court, New York County (Kotler, J.), in ESX Services, LLC v. The Board of Managers of the Essex House Condominium, dismissed the complaint in its entirety, holding that an adjoining property owner has no easement for light and air absent an express agreement. Accordingly, the Court held that plaintiff was not entitled to any damages for an alleged partially obstructed view of Central Park from any of the windows in the apartment.
