McDONALD v. WHITNEY HIGHLAND HOMEOWNERS' ASSOCIATION, INC.

1351 CA 17-00309.

158 A.D.3d 1229 (2018)

71 N.Y.S.3d 291

2018 NY Slip Op 00930

TERRI A. McDONALD, Appellant, v. WHITNEY HIGHLAND HOMEOWNERS' ASSOCIATION, INC., et al., Respondents. (Appeal No. 1.)

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

Decided February 9, 2018.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied with respect to the second cause of action, and that cause of action is reinstated.

Memorandum: Defendant Whitney Highland Homeowners' Association, Inc. (Association) owns and maintains the common areas in a townhouse complex in the Town of Perinton, Monroe County. Plaintiff owns a unit in the complex, and is thereby a member of the Association...

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