Merrick Park Gardens Cooperative Apartments, Inc. v. Pritchett

Appellate Division of the Supreme Court of New York

Merrick Park Gardens Cooperative Apartments, Inc. v. Pritchett

88 A.D.2d 972, 451 N.Y.S.2d 803, 1982 N.Y. App. Div. LEXIS 17347

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1982

StatusPublished

This text of 88 A.D.2d 972 (Merrick Park Gardens Cooperative Apartments, Inc. v. Pritchett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State 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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Merrick Park Gardens Cooperative Apartments, Inc. v. Pritchett, 88 A.D.2d 972, 451 N.Y.S.2d 803, 1982 N.Y. App. Div. LEXIS 17347 (N.Y. Ct. App. 1982).

Pincite

Opinion

— In an action for a permanent injunction against further use of an antenna, defendant appeals from a judgment of the Supreme Court, Queens County (Graci, J.), dated June 10, 1981, which declared that plaintiff’s board of directors had the power to enact a rule and regulation prohibiting the maintaining of an antenna on the corporate buildings, determining that defendant had breached and violated the terms of his occupancy lease by maintaining such an antenna in violation of the corporate rules and regulations, and directed defendant to remove said antenna within 30 days after entry of judgment. Judgment affirmed, without costs or disbursements. The defendant’s time to remove the antenna is extended until 30 days after service upon him of a copy of the order to be made hereon, with notice of entry. Although we do not find that the installation of defendant’s ham radio antenna constituted a structural alteration, neither, on this record, do we find anything unreasonable about plaintiff’s adoption of a rule or regulation prohibiting installation of antennas on the outside of its buildings. Lazer, J. P., Mangano, O’Connor and Brown, JJ., concur.

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— In an action for a permanent injunction against further use of an antenna, defendant appeals from a judgment of the Supreme Court, Queens County (Graci, J.), dated June 10, 1981, which declared that plaintiff’s board of directors had the power to enact a rule and regulation prohibiting the maintaining of an antenna on the corporate buildings, determining that defendant had breached and violated the terms of his occupancy lease by maintaining such an antenna in violation of the corporate rules and regulations, and directed defendant to remove said antenna within 30 days after entry of judgment. Judgment affirmed, without costs or disbursements. The defendant’s time to remove the antenna is extended until 30 days after service upon him of a copy of the order to be made hereon, with notice of entry. Although we do not find that the installation of defendant’s ham radio antenna constituted a structural alteration, neither, on this record, do we find anything unreasonable about plaintiff’s adoption of a rule or regulation prohibiting installation of antennas on the outside of its buildings. Lazer, J. P., Mangano, O’Connor and Brown, JJ., concur.

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88 A.D.2d 972, 451 N.Y.S.2d 803, 1982 N.Y. App. Div. LEXIS 17347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrick-park-gardens-cooperative-apartments-inc-v-pritchett-nyappdiv-1982.