A state appeals panel has refused to enjoin an Upper East Side co-op from making "de minimis" changes to one shareholder's apartment, even though it found the owner was likely to prove that the changes violate her proprietary lease.
The unanimous Appellate Division, First Department, panel ruled on Tuesday in Goldstone v. Gracie Terrace Apartment Corp., 604235/07, that the shareholder could be compensated by monetary damages for the loss of about 50 square feet from her 1,400-square-foot apartment. Allowing the co-op to make the changes would therefore not be irreparable harm, the panel held.
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