BOARD OF MANAGERS OF THE 85 8TH AVENUE CONDOMINIUM v. MANHATTAN REALTY LLC

9043, 111902/00.

102 A.D.3d 548 (2013)

958 N.Y.S.2d 368

2013 NY Slip Op 286

BOARD OF MANAGERS OF THE 85 8TH AVENUE CONDOMINIUM, Respondent, v. MANHATTAN REALTY LLC et al., Appellants, et al., Defendants.

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

Decided January 22, 2013.


The bylaws of the subject condominium, which consists of a residential unit (a cooperative), a garage unit, and a commercial unit, require a five-member board of managers. The garage and commercial units each have the right to designate one member and the residential unit has the right to designate three members. The bylaws also require annual elections and contain specific provisions for amendments.

At a meeting of the residential cooperative (not condominium...

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