Board of Managers of Village House v. Frazier

New York Court of Appeals

Board of Managers of Village House v. Frazier

434 N.E.2d 257, 55 N.Y.2d 991, 449 N.Y.S.2d 188, 1982 N.Y. LEXIS 3163

CourtNew York Court of Appeals

DecidedFebruary 18, 1982

StatusPublished

Cited by1 cases

This text of 434 N.E.2d 257 (Board of Managers of Village House v. Frazier) is published on Counsel Stack Legal Research, covering New York Court of Appeals 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 Village House v. Frazier, 434 N.E.2d 257, 55 N.Y.2d 991, 449 N.Y.S.2d 188, 1982 N.Y. LEXIS 3163 (N.Y. 1982).

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Opinion

opinion of the court

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. The injunction was properly granted by Special Term upon a sufficient showing that defendant had violated the condominium by-laws and the prior order of that court. Additionally, plaintiff was entitled to summary judgment dismissing defendant’s counterclaims in view of defendant’s failure to raise sufficient evidentiary facts to defeat the motion. Finally, we agree that attorney’s fees were properly assessed in this action to enforce the condominium by-laws and, on the present record, it is not necessary for us to reach the further question as to the manner in which such award may be enforced.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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opinion of the court

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. The injunction was properly granted by Special Term upon a sufficient showing that defendant had violated the condominium by-laws and the prior order of that court. Additionally, plaintiff was entitled to summary judgment dismissing defendant’s counterclaims in view of defendant’s failure to raise sufficient evidentiary facts to defeat the motion. Finally, we agree that attorney’s fees were properly assessed in this action to enforce the condominium by-laws and, on the present record, it is not necessary for us to reach the further question as to the manner in which such award may be enforced.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Bluebook (online)

434 N.E.2d 257, 55 N.Y.2d 991, 449 N.Y.S.2d 188, 1982 N.Y. LEXIS 3163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-managers-of-village-house-v-frazier-ny-1982.

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