Opinion
00-10679
Argued December 7, 2001
May 20, 2002.
In an action, inter alia, for injunctive relief, the defendant appeals from a judgment of the Supreme Court, Queens County (Leviss, J.H.O.), dated September 1, 2000, which, after a nonjury trial, is in favor of the plaintiffs and against it, among other things, enjoining it from prohibiting the plaintiffs from erecting a Succah on the balcony of their condominium unit.
Weinstein, Kaplan Cohen, P.C., Garden City, N.Y. (Robert N. Cohen of counsel), for appellant.
Snitow Cunningham, LLP, New York, N.Y. (Louis L. Nock of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, CORNELIUS J. O'BRIEN, and ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The Supreme Court properly granted the plaintiffs' request for a permanent injunction, since the condominium's governing board acted outside the scope of its authority in prohibiting them from erecting a Succah on the balcony of their condominium unit (see Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 N.Y.2d 530).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., FLORIO, O'BRIEN and SCHMIDT, JJ., concur.