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

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 2, 1998

StatusPublished

Cited by1 cases

This text of 176 Misc. 2d 214 (Board of Managers of Patchogue Homes Corp. Condominium No. 1 v. Islar) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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).

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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.

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176 Misc. 2d 214, 673 N.Y.S.2d 835, 1998 N.Y. Misc. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-managers-of-patchogue-homes-corp-condominium-no-1-v-islar-nyappterm-1998.

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