Board of Managers of Greens Condominium v. Feldman

• Decision Date: 01 February 1993
• Citation: 190 A.D.2d 650,594 N.Y.S.2d 618
• Parties: BOARD OF MANAGERS OF THE GREENS CONDOMINIUM, Respondent, v. Beatrice FELDMAN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 618

594 N.Y.S.2d 618

190 A.D.2d 650

BOARD OF MANAGERS OF THE GREENS CONDOMINIUM, Respondent, v. Beatrice FELDMAN, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

February 1, 1993

Reisman, Peirez, Reisman & Calica, Garden City (Robert M. Calica and Myra P. Lapidus, of counsel), for appellant. Cohen & Warren, P.C., Smithtown (Barry L. Warren, of counsel), for respondent.

In an action, inter alia, for an injunction to compel the defendant to remove security shutters from the exterior of her condominium unit, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Murphy, J.), entered January 8, 1991, as granted the plaintiff's cross motion for summary judgment. ORDERED that the order is affirmed insofar as appealed from, with costs. In this action, the plaintiff, the Board of Managers of the Greens Condominium, seeks to enjoin the defendant from maintaining external security shutters on her condominium unit. The record supports a conclusion that, in seeking this relief, the plaintiff was acting for the benefit of the condominium and was within the scope of its authority. There was no showing that the plaintiff's actions were taken in bad faith (cf., Aronson v. Crane, 145 A.D.2d 455, 535 N.Y.S.2d 417). Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment (see, Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 N.Y.2d 530, 538, 554 N.Y.S.2d 807, 553 N.E.2d 1317).

EIBER, J.P., and O'BRIEN, RITTER and COPERTINO, JJ., concur.