Condo board loses suit over ailing tenant’s air conditioning

Resident at 200 Central Park South gets court approval to install cooling system on terrace

TRD New York /
Mar.March 25, 2014 08:05 AM

Manhattan Supreme Court ruled in favor of an ailing 73-year-old man who accused the co-op board at 200 Central Park South of barring him from installing a state-of-the-art air-conditioning system in his unit.

Michael Kaplan claimed that the building’s heating system sits just below his 22nd-floor residence, which is a combination of three units. He suffers from Parkinson’s disease, diabetes and heart-related issues and the heating system was allegedly making them worse. Last year, he filed a lawsuit in an effort to install three air-conditioning condensers on the terrace, the New York Post reported.

The co-op board restricts unit owners from placing any items on their terrace with the exception of patio furniture or plants, said Alan Gelb, attorney for the board. The board is weighing whether to appeal the court decision, Gelb said.

Manhattan Supreme Court Justice Arthur Engoron said the co-op board ran “roughshod” over the resident’s rights by “unreasonably” holding back an approval for changes to his terrace, the Post said.

Bernard Spitzer, real estate mogul and father to former politician Eliot Spitzer, developed the 35-story, 564,000-square-foot building near Seventh Avenue in 1963. Ashkenazy Acquisition signed a 20-year deal in January for the master lease, as The Real Deal reported. [NYP]– Mark Maurer

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