Legal Opinion

Choromanskis v. Chestnut Homeowners Ass'n

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

Decided February 10, 2017Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered September 28, 2015. The order denied defendants’ motion to dismiss the amended complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in *1478part and dismissing the fifth cause of action, and as modified the order is affirmed without costs.

Memorandum: Plaintiffs are owners of an individual lot within a townhouse complex, and also members of defendant Chestnut Homeowners Association, Inc. (HOA). They commenced this action seeking, inter alia,…

2Cases cited8 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
  3. Niagara County v. Power AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  4. Cornick v. Forever Wild Development Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Vanderwerken v. BellingerAppellate Division of the Supreme Court of the State of New York · 2010

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