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DHAMOON v. 230 PARK S. APTS.

48 A.D.3d 103 (2007)

849 N.Y.S.2d 61

SATWANT K. DHAMOON, Appellant, v. 230 PARK SOUTH APARTMENTS, INC., Respondent.

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

December 27, 2007.

Attorney(s) appearing for the Case

Snow Becker Krauss P.C., New York City (Michael Wexelbaum, Kenneth E. Citron and Marc J. Luxemburg of counsel), for appellant.

Richenthal, Abrams & Moss, New York City (Craig Avedisian and Arthur Richenthal of counsel), for respondent.

SULLIIVAN J.P., BUCKLEY and KAVANAGH, JJ., concur with CATTERSON, J.; NARDELLI J., dissents in a separate opinion

OPINION OF THE COURT

CATTERSON, J.

In this dispute between a cooperative board and the owner of several commercial units in the co-op building, the issue raised on appeal is whether adjoining properties owned separately by a wife and husband can be designated by the co-op board a jointly-owned, single unit in order to enforce a certain house rule barring access to the wife's property.

The appellant, Dr. Dhamoon,* and...

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