This column features an important recent decision by the Supreme Court, New York County, regarding who has the exclusive right to use a building’s rooftop, and succinctly summarizing current law on when directors may be held personally liable for board actions.

The Dispute

In Rushmore v. Park Regis Apartment, 2018 WL 3126499 (June 20, 2018), (Bannon, J.), plaintiffs contended that they had the exclusive right to use a portion of the building’s roof located directly above their penthouse apartment. The defendants (the co-op and two of its directors) disputed the claim, arguing that the space belonged to the co-op and was intended for use by all building residents.

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