Four Bros. Homes at Heartland Condominium II v. Gerbino

—In an action, inter alia, to enjoin the defendants from leasing their condominium unit, the defendants appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated January 31, 1998 which granted the plaintiffs’ motion for summary judgment.

Ordered that the order is affirmed, with costs.

The defendants are the fee simple owners of a condominium unit located within Four Brothers Homes at Heartland Condominium II. They purchased their unit in October 1987. The bylaws of the condominium association contain a provision that only home owners and their immediate families may…