Hsing Hsung Chuang v Whitehouse Condominium

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Hsing Hsung Chuang v Whitehouse Condominium 2009 NY Slip Op 09375 [68 AD3d 559] December 17, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Hsing Hsung Chuang et al., Appellants,
v
Whitehouse Condominium et al., Respondents.

—[*1] Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola (Michael H. Masri of counsel), for appellants.

Finder Novick Kerrigan LLP, New York (Marianna L. Picciocchi of counsel), for respondents.

Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered April 21, 2008, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The affidavit of a member of the board of managers and the accompanying spreadsheet showing the unit owners' attendance at the meeting and their votes on the construction work at issue established prima facie that the work was approved in accordance with the condominium's bylaws (see Real Property Law § 339-u). In opposition, plaintiffs failed to submit evidence to raise an issue of fact.

To the extent plaintiffs argue that discovery is needed, they failed to demonstrate either that the required evidence is within defendants' exclusive knowledge or that they "at least made some attempt to discover facts at variance with [defendants'] proof" (see Voluto Ventures, LLC v Jenkens & Gilchrist Parker Chapin LLP, 44 AD3d 557 [2007]).

We have reviewed plaintiffs' remaining arguments and find them without merit. Concur—Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and RomÁn, JJ.

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