In Kiam v. Park & 66th Corp. , Victor Kiam sued to prevent his co-op -- the Park & 66th Corporation -- from interfering with his "sun room," which he had built on his apartment's terrace some 35 years ago.
Since Kiam's proprietary lease gave him "exclusive use" of the area next to his penthouse unit, the New York County Supreme Court determined that he had a right to enclose the space and construct a sun roof.
On appeal, the Appellate Division, First Department, concurred.
Apparently, the building's Board had approved the sun room's construction and, after over three decades, had "waived" or relinquished its right to challenge the Kiam's conduct.
Looks like that co-op got eclipsed .
To view a copy of the Appellate Division's decision, please use this link: Kiam v. Park & 66th Corp.