NY’s First Department Walks Back Pomerance Condo Document Inspection Rights a Little Bit

New York’s Appellate Division, First Department (which covers the Manhattan and Bronx) just decided a case by a unit owner seeking to inspect certain condominium records. In Frankel v. Board of Managers of the Central Park West Condominium, the Court just decided on November 14, 2019, that dismissal of the plaintiff unit owner’s claim seeking inspection condominium books and records should not be dismissed. The Court held that “[f]actual disputes regarding whether plaintiff is acting in good faith and has a proper purpose for reviewing the books and records, as well as the scope of documents already provided, whether in electronic form or otherwise, cannot be resolved on a motion to dismiss.”    Read the article…………………………..

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