Board of Managers v. Padgett

Order unanimously reversed on the law without costs, motion granted and judgment granted in accordance with the following Memorandum: Supreme Court should have granted plaintiffs’ motion for summary judgment declaring that they are the duly elected and appointed Board of Managers for the Townhomes of Eastbrooke Condominiums One, Two and Three. Plaintiffs were not properly removed for cause as provided by the Bylaws of Eastbrooke Condominiums. The Bylaws provide for removal of the members of the Board of Managers for cause by an affirmative vote of the majority of the homeowners. Although the…