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BD. OF MANAGERS OF THE HUDSON VIEW WEST CONDO. v. HUDSON VIEW TOWERS ASSOCS.

182 A.D.2d 404 (1992)

Board of Managers of the Hudson View West Condominium, Respondent-Appellant, v. Hudson View Towers Associates, a Joint Venture, Defendant, and South End Farms, Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 2, 1992

The IAS court properly granted summary judgment upon findings that the arcade in which defendant-appellant placed its produce stands was part of the common elements of the condominium, that such use was in violation of the Condominium Documents, that plaintiff Board was authorized to compel removal of this encroachment (Board of Managers v Fenninger, 142 A.D.2d 622), and that even if the Board had initially waived its right to enforce...

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