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Cooperatives & Condominiums
Questions of Fact Remain About Right to Enclose Balcony
Moltisanti v. East River Housing Corp.
NYLJ 4/20/17, p. 22, col. 6 AppDiv, First Dept. (memorandum opinion)
In co-op unit owners' action for a declaration that they are entitled to complete a balcony enclosure they had started, the co-op corporation appealed from Supreme Court's grant of a preliminary injunction preventing the corporation from interfering with construction and implicit denial of the co-op corporation's motion to dismiss the complaint. The Appellate Division modified to deny the preliminary injunction, but also held that questions of fact precluded dismissal of the complaint.
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