Board of Managers of Patchogue Homes Corp. Condominium No. 1 v. Islar

Appellate Terms of the Supreme Court of New York

Board of Managers of Patchogue Homes Corp. Condominium No. 1 v. Islar

176 Misc. 2d 214, 673 N.Y.S.2d 835, 1998 N.Y. Misc. LEXIS 182

Appellate Terms of the Supreme Court of New York·Decided March 2, 1998·Published·Cited by 1 cases

Opinion

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs, petition [215]*215reinstated and judgment of possession awarded in favor of petitioner.

The evidence adduced upon the trial established that the petitioner had terminated the monthly lease for the parking space at least partially based upon the fact that the respondent had failed to pay the rental which had accrued subsequent to his discharge in bankruptcy. Since the respondent failed to demonstrate that in doing so, the board of managers of the condominium association was not acting for the purposes of the association, within the scope of its authority and in good faith, judicial review of the propriety of the board’s action is not available (Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 NY2d 530, 538).

Kassoff, P. J., Aronin and Chetta, JJ., concur.

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OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs, petition [215]*215reinstated and judgment of possession awarded in favor of petitioner.

The evidence adduced upon the trial established that the petitioner had terminated the monthly lease for the parking space at least partially based upon the fact that the respondent had failed to pay the rental which had accrued subsequent to his discharge in bankruptcy. Since the respondent failed to demonstrate that in doing so, the board of managers of the condominium association was not acting for the purposes of the association, within the scope of its authority and in good faith, judicial review of the propriety of the board’s action is not available (Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 NY2d 530, 538).

Kassoff, P. J., Aronin and Chetta, JJ., concur.

Board of Managers of Patchogue Homes Corp. Condominium No. 1 v. Islar, 176 Misc. 2d 214, 673 N.Y.S.2d 835, 1998 N.Y. Misc. LEXIS 182 (N.Y. Ct. App. 1998).

Pincite

176 Misc. 2d 214 (Board of Managers of Patchogue Homes Corp. Condominium No. 1 v. Islar) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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