Rego Park Gardens Associates. v. Rego Park Gardens Owners, Inc.

—Order of the Supreme Court, New York County (S. Fingerhood, J.), entered on September 21, 1990, which denied plaintiffs motion for summary judgment, and granted defendant’s cross-motion to the extent of granting leave to amend its answer, unanimously reversed, on the law, plaintiffs motion for summary judgment is granted and the cross-motion is denied, and it is declared that plaintiff is entitled to vote its shares in the election of directors, with costs.

This declaratory judgment action involves a dispute over shareholder voting rights between plaintiff, the sponsor of a condominium…