Board of Managers of Patchogue Homes Corp. Condominium No. 1 v. Islar

Full title: Board of Managers of Patchogue Homes Corp. Condominium No. 1 v. Islar

Court: Supreme Court, Appellate Term, Second Department,

Date published: Mar 2, 1998

176 Misc. 2d 214 (N.Y. App. Term 1998)

673 N.Y.S.2d 835

Opinion

176 Misc.2d 214 673 N.Y.S.2d 835 BOARD OF MANAGERS OF PATCHOGUE HOMES CORP. CONDOMINIUM # 1, Appellant. v. Norris W. ISLAR et al., Respondent. 1998-98,278 Supreme Court of New York, Second Department Supreme Court, Appellate Term, Second Department, March 2, 1998.

[673 N.Y.S.2d 836]Mordente, Golfinopoulos & Pennisi, P.C., Kew Gardens (Anthony R. Mordente, of counsel), for appellant.

Norris W. Islar, respondent pro se.

Present KASSOFF, P.J., ARONIN and CHETTA, JJ.

MEMORANDUM.

Judgment unanimously reversed without costs, petition reinstated and judgment of possession awarded in favor of petitioner.

The evidence adduced upon the trial established that the petitioner had terminated the monthly lease for the parking space at least partially based upon the fact that the respondent had failed to pay the rental which had accrued subsequent to his discharge in bankruptcy. Since the respondent failed to demonstrate that in doing so, the board of managers of the condominium association was not acting for the purposes of the association, within the scope of its authority and in good faith, judicial review of the propriety of the board's action is not available (Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 N.Y.2d 530, 538, 554 N.Y.S.2d 807, 553 N.E.2d 1317).