Condo Owner Must Remove Plants and Furniture Placed on Roof

Condo owner occupied two top-floor apartments and was permitted to use portions of the roof. Landlord condo corporation decided to replace the roof and ordered condo owner to remove plants and furniture it had placed there. Condo owner sued landlord and asked the court to stop landlord from taking any action to block its use of the roof while the case was pending. Landlord asked the court to make condo owner remove the items permanently. The court ruled for landlord. If condo board acted in good faith, its decision must be upheld as a business judgment. There was no proof that landlord's board of managers didn't act in good faith.

Finegan Family, LLC v. 77 Horatio St. Condominium: NYLJ, 3/22/07, p. 25, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Buckley, Catterson, Malone, JJ)