SILVERSMITH & VERAJA

Decisions

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COMMERCIAL CONDO UNIT OWNER GRANTED INJUNCTION AGAINST THE BOARD OF MANAGERS.

Case: 859-60 Medical Management Offices, LLC v. The Board of Managers of the Forum Condominium

Citation: Supreme Court, Kings County, Index 21701/11

Attorney: Robert Silversmith, Rachel Siskind and Jason Garber

Commercial condominium unit owners were granted a preliminary injunction against the Board of Managers, allowing the HVAC installation, at a front location. The Court found the sponsor could reallocate portions of the common elements for use by a specific unit owner. The placement was not “open space” as defined under the Zoning Resolution and the HVAC units were, in any event, “permitted obstructions” in “open space,” as defined.