Legal Opinion

St. Denis v. Queensbury Baybridge Homeowners Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 2012Published

1Opinion of the CourtSpain, J.

Appeal from an order of the Supreme Court (Muller, J.), entered July 27, 2011 in Warren County, which, among other things, converted an application, brought pursuant to CPLR article 78, into a plenary action and dismissed the second cause of action.

Petitioner is a property owner in the Town of Queensbury, Warren County and a member of respondent, a domestic, not-for-profit corporation that is governed by its Declaration of Covenants, Restrictions, Easements, Charges and Liens (hereinafter declaration) and its bylaws. Petitioner commenced this proceeding alleging five claims against…

2Cases cited9 opinions

  1. Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
  2. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  3. Yusin v. Saddle Lakes Home Owners Ass'nAppellate Division of the Supreme Court of the State of New York · 2010
  4. Clark v. TroisAppellate Division of the Supreme Court of the State of New York · 2005
  5. Hodges v. BeattieAppellate Division of the Supreme Court of the State of New York · 2009

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