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Skytrack Condo. Board v. Windberk Partners

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1990
167 A.D.2d 381 (N.Y. App. Div. 1990)

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.


Summaries of

Skytrack Condo. Board v. Windberk Partners

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1990
167 A.D.2d 381 (N.Y. App. Div. 1990)
Case details for

Skytrack Condo. Board v. Windberk Partners

Case Details

Full title:SKYTRACK CONDOMINIUM BOARD OF MANAGERS, Respondent, v. WINDBERK PARTNERS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 1990

Citations

167 A.D.2d 381 (N.Y. App. Div. 1990)
561 N.Y.S.2d 608

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