CALDWELL v. TWO COLUMBUS AVENUE CONDOMINIUM

6295, 123568/02, 590817/05, 590639/08.

92 A.D.3d 441 (2012)

940 N.Y.S.2d 15

2012 NY Slip Op 817

CLARA CALDWELL et al., Appellants, v. TWO COLUMBUS AVENUE CONDOMINIUM et al., Respondents. (And Other Actions.)

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

Decided February 7, 2012.


The Condominium defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the actions they took to remedy the water infiltration problems in plaintiffs' condominium unit were taken "in good faith and in the exercise of honest judgment in the lawful and legitimate furtherance of corporate purposes" (Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 N.Y.2d 530, 538 [1990]).

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