BOARD OF MANAGERS OF MANHATTAN VALLEY TOWNHOUSES v. MUROVICH


273 A.D.2d 11 (2000)

708 N.Y.S.2d 111

BOARD OF MANAGERS OF MANHATTAN VALLEY TOWNHOUSES, on Behalf of Its Unit Owners, Respondent, v. LUCILLE MUROVICH et al., Appellants.

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

Decided June 1, 2000.


Defendants' argument that plaintiff waived its right to enforce the "prior consent" rule as against their plexiglass installation because it did not enforce the rule as against two other unit owners who installed black plexiglas over their gates was properly rejected by the IAS Court in view of the plain differences between the entrances of the units being compared. In particular, the gates over the doors to the two other units are flush with the building wall and therefore...

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