Preserve Homeowners' Ass'n v. Zhan

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered March 19, 2013. The order denied the motion of plaintiff for summary judgment, granted the cross motion of defendants for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from is reversed on the law without costs, defendants’ cross motion is denied, the complaint is reinstated and plaintiff’s motion is granted.

Memorandum: Plaintiff is a not-for-profit corporation *1399comprised of property owners—including defendants—within The Preserve, a residential…