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Board of Managers of Patchogue Homes Corp. Condominium No. 1 v. Islar

176 Misc. 2d 214 Court Supreme Court, Appellate Term, Second Department, Decision date 1998-03-02 English

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p. 214
[673 NYS2d 835]
Board of Managers of Patchogue Homes Corp. Condominium No. 1, Appellant, v Norris W. Islar et al., Respondents.
Supreme Court, Appellate Term, Second Department,
March 2, 1998
APPEARANCES OF COUNSEL
Mordente, Golfinopoulos & Pennisi, P. C., Kew Gardens (Anthony R. Mordente of counsel), for appellant. Norris W. Islar, respondent pro se.

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs, petition

p. 215
reinstated and judgment of possession awarded in favor of petitioner.

The evidence adduced upon the trial established that the petitioner had terminated the monthly lease for the parking space at least partially based upon the fact that the respondent had failed to pay the rental which had accrued subsequent to his discharge in bankruptcy. Since the respondent failed to demonstrate that in doing so, the board of managers of the condominium association was not acting for the purposes of the association, within the scope of its authority and in good faith, judicial review of the propriety of the board’s action is not available (Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 NY2d 530 , 538).

Kassoff, P. J., Aronin and Chetta, JJ., concur.

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