Opinion

Greenberg v. Board of Managers

  • 294 A.D.2d 467
  • 742 N.Y.S.2d 560
  • 2002 N.Y. App. Div. LEXIS 5180
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 20, 2002
Status
Published
Cited by
3 cases
Authority
More cited than 77.4%

The opinion

—In an action, inter alia, for injunctive relief, the defendant appeals from a judgment of the Supreme Court, Queens County (Leviss, J.H.O.), dated September 1, 2000, which, after a nonjury trial, is in favor of the plaintiffs and against it, among other things, enjoining it from prohibiting the plaintiffs from erecting a Succah on the balcony of their condominium unit.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted the plaintiffs’ request for a permanent injunction, since the condominium’s governing board acted outside the scope of its authority in prohibiting them from erecting a Succah on the balcony of their condominium unit (see Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 NY2d 530 ).

*468 The defendant’s remaining contentions are without merit. Santucci, J.P., Florio, O’Brien and Schmidt, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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