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BOARD OF MGRS. OF THE APTHORP CONDOMINIUM v. APTHORP GARAGE LLC

Index No. 850021/18. Appeal No. 12210-12210A. Case No. 2019-4484.

187 A.D.3d 632 (2020)

131 N.Y.S.3d 151

2020 NY Slip Op 06048

Board of Managers of the Apthorp Condominium, Respondent, v. Apthorp Garage LLC, Appellant, et al., Defendants.

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

Decided October 27, 2020.

The motion court correctly granted summary judgment to plaintiff condominium board on its cause of action to foreclose on a lien arising from an unpaid special assessment. The court correctly determined that the board acted within the scope of its authority and was therefore entitled to the protection of the business judgment rule (see Matter of Levandusky v One Fifth Ave. Apt. Corp., 75 N.Y.2d 530, 537-538 [1990]). The condominium...

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