Opinion
No. 1818.
December 17, 2009.
Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered April 21, 2008, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Meltzer, Lippe, Goldstein Breitstone, LLP, Mineola (Michael H. Masri of counsel), for appellants.
Finder Novick Kerrigan LLP, New York (Marianna L. Picciocchi of counsel), for respondents.
Before: Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Román, JJ.
The affidavit of a member of the board of managers and the accompanying spreadsheet showing the unit owners' attendance at the meeting and their votes on the construction work at issue established prima facie that the work was approved in accordance with the condominium's bylaws ( see Real Property Law § 339-u). In opposition, plaintiff's failed to submit evidence to raise an issue of fact.
To the extent plaintiff's argue that discovery is needed, they failed to demonstrate either that the required evidence is within defendants' exclusive knowledge or that they "at least made some attempt to discover facts at variance with [defendants'] proof" ( see Voluto Ventures, LLC v Jenkens Gilchrist Parker Chapin LLP, 44 AD3d 557).
We have reviewed plaintiffs' remaining arguments and find them without merit.