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HELMER v. COMITO

61 A.D.3d 635 (2009)

877 N.Y.S.2d 370

WILLIAM F. HELMER et al., Appellants, v. MARC A. COMITO et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 7, 2009.

Ordered that the order, as amended, is affirmed insofar as appealed from, with costs.

The defendant Board of Managers of the Clermont Condominium II (hereinafter the Board) contracted for certain construction work on its condominium buildings. The plaintiffs, the owners of certain units, challenged the Board's authority to enter into the contract, which they contended called for "alterations" or "improvements" requiring a vote of unit owners

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