West v. 332 East 84th Owners Corp.

68 A.D.3d 499, 889 N.Y.2d 449

Opinion

The record raises no issues of fact whether the board’s reason for denying plaintiffs’ request to construct a new bathroom in their apartment, i.e., that it would violate a recently enacted building policy to prohibit “wet” construction over “dry” space, was legitimately related to the welfare of the cooperative and therefore a reasonable basis for withholding consent (see Seven Park Ave. Corp. v Green, 277 AD2d 123 [2000], lv denied 96 NY2d 853 [2001]; Rosenthal v One Hudson Park, 269 AD2d 144 [2000]). Plaintiffs submitted no evidence that the space below the proposed bathroom was not “dry” or that the policy prohibiting “wet-over-dry” construction was unreasonable or applied in an arbitrary or discriminatory manner. Concur— Gonzalez, P.J., Friedman, McGuire, DeGrasse and ManzanetDaniels, JJ.