Village At Corbin Hill Condominium II v. Ungaro

In an action, inter alia, for a judgment declaring that the defendants’ construction of a deck violates certain provisions of the declaration of a condominium, the plaintiffs appeal from an order of the Supreme Court, Orange County (Alessandro, J.), dated March 5, 2009, which denied their motion for summary judgment on the complaint and granted the defendants’ cross motion for summary judgment on their counterclaim declaring that the deck does not violate those provisions of the declaration of the condominium.

Ordered that the order is affirmed, with costs, and the matter is remitted to the…