Board of Managers of the Europa Condominium v. Orenstein
Decision Date | 18 November 2003 |
Docket Number | 2213.,2214.,2215. |
Citation | 1 A.D.3d 206,768 N.Y.S.2d 1,2003 NY Slip Op 18395 |
Parties | BOARD OF MANAGERS OF THE EUROPA CONDOMINIUM, Respondent, v. JEFFREY ORENSTEIN, Appellant, et al., Defendant. |
Court | New York Supreme Court — Appellate Division |
The condominium board is empowered to prosecute this action pursuant to Real Property Law § 339-dd. CPLR 3019 (d) does not provide for the joinder of additional parties, and defendant Orenstein's motion to add the individual board members as counterclaim defendants was properly denied. The board may regulate the use of the residential elevators pursuant to the condominium declaration and bylaws. The law of the case doctrine is inapplicable to Orenstein's contentions with respect to his first and second counterclaims since he never moved for judgment on these claims. Therefore, he was not entitled to summary judgment for attorneys' fees incurred in the prosecution of these claims. Orenstein's cross motion for...
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