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BRASSEUR v. SPERANZA

21 A.D.3d 297 (2005)

800 N.Y.S.2d 669

MICHEL BRASSEUR et al., Appellants, v. JOE SPERANZA et al., Respondents.

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

August 18, 2005.

Contrary to the view expressed by the motion court, the first and second causes of action would not have been properly asserted in a proceeding pursuant to CPLR article 78. Condominiums, generally regarded as unincorporated associations (Hunt v. Sharp, 85 N.Y.2d 883 [1995]), are not amenable to article 78 proceedings in the nature of mandamus for claims of bylaw breach (see Matter of Phalen v. Theatrical Protective Union No. 1...

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