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West v. 332 East 84th Owners Corp.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 10, 2009

KEVIN WEST, ET AL., PLAINTIFFS-APPELLANTS,
v.
332 EAST 84TH OWNERS CORP., DEFENDANT-RESPONDENT.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered February 20, 2009, which, upon reargument, adhered to the original determination denying plaintiffs' motion for summary judgment and granting defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Friedman, McGuire, DeGrasse, Manzanet-Daniels, JJ.

107708/06

The record raises no issues of fact whether the board's reason for denying plaintiffs' request to construct a new bathroom in their apartment, i.e., that it would violate a recently enacted building policy to prohibit "wet" construction over "dry" space, was legitimately related to the welfare of the cooperative and therefore a reasonable basis for withholding consent (see Seven Park Ave. Corp. v Green, 277 AD2d 123 [2000], lv denied 96 NY2d 853 [2001]; Rosenthal v One Hudson Park, 269 AD2d 144 [2000]). Plaintiffs submitted no evidence that the space below the proposed bathroom was not "dry" or that the policy prohibiting "wet-over-dry" construction was unreasonable or applied in an arbitrary or discriminatory manner.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091210

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