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BOARD OF MANAGERS OF THE EUROPA CONDOMINIUM v. ORENSTEIN

1 A.D.3d 206 (2003)

768 N.Y.S.2d 1

BOARD OF MANAGERS OF THE EUROPA CONDOMINIUM, Respondent, v. JEFFREY ORENSTEIN, Appellant, et al., Defendant.

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

November 18, 2003.

The condominium board is empowered to prosecute this action pursuant to Real Property Law § 339-dd. CPLR 3019 (d) does not provide for the joinder of additional parties, and defendant Orenstein's motion to add the individual board members as counterclaim defendants was properly denied. The board may regulate the use of the residential elevators pursuant to the condominium declaration and bylaws. The law of the case doctrine...

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