Fillman v. Axel

Order and judgment (one paper), Supreme Court, New York County, entered January 16, 1978, granting defendants’ motion to dismiss the complaint for failure to state a cause of action, unanimously modified, on the law, and, without costs and without disbursements, to declare that defendants have the lawful right and authority to automate the building’s elevators and to do what may be appropriate to achieve that purpose, and otherwise affirmed. In this declaratory judgment action, three members of the board of directors of a cooperative apartment building seek, in substance, a declaration that…