N.Y. Appellate Court Affirms Judgment for Condo Board

NEW YORK - A New York appellate court has affirmed summary judgment for members of a condominium board sued by residents over construction work the board classified as "repairs." Helmer v. Comito, 2007-07061 (Index No. 7094/2005) (N.Y. Sup. Ct., App. Div.).

The New York Supreme Court Appellate Division, Second Department, held in an April 7 opinion that the business judgment rule shielded the board from liability in a dispute as to whether a construction project constituted "repairs" or "alterations."

William F. Helmer and other tenants sued Marc A. Comito and other members of the board of managers of Clermont Condominium …