Opinion
November 13, 1990
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order is affirmed, with costs.
Assuming that Skytrack Condominium's initial board of managers was improperly constituted, as the appellants contend, we nevertheless find that the board's decision to commence the instant action, arguably voidable, was ratified by the subsequent acts of a majority of the condominium's unit owners and by a properly constituted board of managers (see, Godley v. Crandall Godley Co., 212 N.Y. 121, 131; Polchinski Co. v. Cemetery Floral Co., 79 A.D.2d 648, 649; see generally, Holm v. C.M.P. Sheet Metal, 89 A.D.2d 229, 232-233; 57 N.Y. Jur 2d, Estoppel, Ratification, and Waiver, § 76).
We have considered the appellants' remaining contentions and find them to be without merit. Eiber, J.P., Harwood, Balletta and O'Brien, JJ., concur.