Inasmuch as the record discloses that the board of the subject condominium had discretion to, and did in fact, waive enforcement of the "no-pet" provision in its rules and regulations as against the unit owner in question, the petition seeking mandamus to compel enforcement of the "no-pet" provision against that unit owner was properly denied. Mandamus does not lie to compel a discretionary act (see Matter of Garrison Protective Servs. v Office of Comptroller,
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IN THE MATTER OF KAUFMAN v. TUDOR REALTY SERVICES CORP.
4 A.D.3d 212 (2004)
772 N.Y.S.2d 265
In the Matter of MELVYN KAUFMAN, Appellant, v. TUDOR REALTY SERVICES CORP., Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 19, 2004.
February 19, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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