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Chuang v. Whitehouse Condominium

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 17, 2009

HSING HSUNG CHUANG, ET AL., PLAINTIFFS-APPELLANTS,
v.
WHITEHOUSE CONDOMINIUM, ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered April 21, 2008, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without 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., Mazzarelli, Nardelli, Acosta, RomÁn, JJ.

100318/07

The affidavit of a member of the board of managers and the accompanying spread sheet showing the unit owners' attendance at the meeting and their votes on the construction work at issue established prima facie that the work was approved in accordance with the condominium's by-laws (see Real Property Law § 339-u). In opposition, plaintiffs failed to submit evidence to raise an issue of fact.

To the extent plaintiffs argue that discovery is needed, they failed to demonstrate either that the required evidence is within defendants' exclusive knowledge or that they "at least made some attempt to discover facts at variance with [defendants'] proof" (see Voluto Ventures, LLC v Jenkens & Gilchrist Parker Chapin LLP, 44 AD3d 557, 557 [2007]).

We have reviewed plaintiffs' remaining arguments and find them without merit.

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

20091217

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