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BOARD OF MANAGERS OF MANHATTAN PLACE CONDOMINIUM v. POMERANTZ

262 A.D.2d 212 (1999)

693 N.Y.S.2d 16

BOARD OF MANAGERS OF MANHATTAN PLACE CONDOMINIUM et al., Respondents, v. LILIANA POMERANTZ, Defendant, and JOSEPH GUINDY, Appellant.

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

Decided June 22, 1999.

The motion court properly permitted the action to be discontinued on the ground that the controversy concerning the composition of the board was rendered academic by a subsequent board election. No new evidence altering this result was submitted on the motion to renew. Any issue with respect to the subsequent board election or the membership of the present board may be determined in the separate action commenced subsequent to the new board election. Since no controversy remains...

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