Chadbourne Atty Can't Stop Apartment Roof Garden

Law360, New York (March 8, 2012, 5:46 PM EST) -- A Chadbourne & Parke LLP intellectual property and pharmaceutical partner can't preemptively block his co-op building in Manhattan's swank Sutton Place neighborhood from building a roof garden over his penthouse apartment, a New York state judge ruled Wednesday.

Stuart D. Baker and his wife had argued that a prior roof garden over their penthouse apartment had damaged the roof and eventually ruined their apartment with mold and water damage. Although they settled their dispute over cleanup costs with the co-op board, they wanted the judge to prevent any roof garden from being constructed above their apartment ever again.

But Judge Barbara...

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