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BOARD OF MANAGERS OF THE CHELSEA 19 CONDOMINIUM v. CHELSEA 19 ASSOCIATES

2851, 2851A, 105347/08

73 A.D.3d 581 (2010)

905 N.Y.S.2d 8

THE BOARD OF MANAGERS OF THE CHELSEA 19 CONDOMINIUM et al., Appellants, v. CHELSEA 19 ASSOCIATES et al., Respondents.

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

Decided May 20, 2010.

The motion court correctly held that the individual unit owners lack standing to seek damages for injury to the building's common elements (see Kerusa Co. LLC v W10Z/515 Real Estate Ltd. Partnership, 50 A.D.3d 503, 504 [2008]). We otherwise affirm the result, albeit not for the motion court's reasons (see Fenton v Consolidated Edison Co. of N.Y., 165 A.D.2d 121, 125 [1991],

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