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BOARD OF MGRS. OF THE COLONNADE CONDOMINIUM v. 32F AT 347 W. 57TH ST., LLC

655411/17, 526, 9160, 9159, 9158.

171 A.D.3d 682 (2019)

99 N.Y.S.3d 266

2019 NY Slip Op 03304

Board of Managers of the Colonnade Condominium, Respondent, v. 32F at 347 West 57th Street, LLC, Appellant.

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

Decided April 30, 2019.

Plaintiff demonstrated the elements required for the issuance of a temporary restraining order (see Segarra v Ashouin, 253 A.D.2d 406, 407 [1st Dept 1998] [purpose of a temporary restraining order is to preserve the status quo]). There are disputed issues of fact as to the nature of the alterations being performed in the unit and whether article 5, section 14 of the bylaws has been breached by either party. The court shall hold a...

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