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Co-ops and Condominiums
Unit Owner's Claim Against Condo Board for Inaction Survives Summary Judgment Motion
Bacharach v. Board of Managers 2024 WL 1161196 AppDiv, First Dept. (memorandum opinion)
In a unit owners' action against a condominium board for breach of the declaration, bylaws and rules, and for private nuisance against an upstairs neighbor, the condominium board appealed from Supreme Court's denial of its motion to dismiss. The Appellate Division affirmed, holding that neither the business judgment rule nor the condominium bylaws required dismissal of the claim.
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