Opinion · Appellate Division of the Supreme Court of the State of New York
Greenberg v. Board of Managers
Greenberg v. Bd. of Managers, 294 A.D.2d 467 (Appellate Division of the Supreme Court of the State of New York 2002)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 2002-05-20
- Topic
- litigation
—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). *468The defendant’s remaining contentions are without merit.
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- Cited by
- 3 opinions
—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).