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FRANKEL v. BOARD OF MANAGERS OF THE CENTRAL PARK WEST CONDOMINIUM

10217. 654501/17. 392.

177 A.D.3d 465 (2019)

112 N.Y.S.3d 65

2019 NY Slip Op 08262

Kevin Frankel, Respondent-Appellant, v. Board of Managers of the Central Park West Condominium et al., Appellants-Respondents, et al., Defendants.

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

Decided November 14, 2019.

The motion court correctly declined to dismiss the cause of action seeking to inspect the condominium's books and records. Factual disputes regarding whether plaintiff is acting in good faith and has a proper purpose for reviewing the books and records, as well as the scope of documents already provided, whether in electronic form or otherwise, cannot be resolved on a motion to dismiss (see Pomerance v McGrath, 143 A.D.3d 443, 446...

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