Exclusive: Madonna has lost the right to let her kids, their friends, pets and other people use her Upper West Side coop when she’s not there.
Madonna had lost the original lawsuit and it went up for appeal. But now five judges ruled against her.
The pop diva actually lives on the Upper East Side in a double wide townhouse. She left the UWS coop behind. Her kids live there. The coop complained that that wasn’t the agreement they had with her. Next step Madonna has to file for permission to appeal this appeal, which she will find unappealing. But since it’s 5 to nothing, it’s unlikely this will go any further. Anyway, Madonna’s been living in Portugal.
Here’s the decision:
“Defendant amended paragraph 14 of the proprietary lease to
provide, in pertinent part, that “the children, grandchildren,
parents, grandparents, brothers and sisters and domestic
employees of the Lessee or Lessee’s spouse or domestic partner”
may occupy the apartment “while the Lessee or the Lessee’s spouse
or domestic partner are in residence.” In the first cause of
action, plaintiff seeks a declaration that paragraph 14 is void
and unenforceable as against public policy and may not be
enforced as against her, and that members of her family and one
other occupant (and their children) may occupy her apartment
whether or not she is “in residence.” In the second, she alleges
that the coop board amended paragraph 14 with the intention of
interfering with her ability to use her apartment in a manner
consistent with the original proprietary lease and that the
board’s actions were taken in bad faith. On appeal, plaintiff
characterizes her claim as seeking a declaration of the meaning
of the ambiguous phrase “in residence.” However, that
characterization conflicts with the claims asserted in her
complaint.
We have considered plaintiff’s remaining arguments and find
them unavailing.”
