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Co-Op Owner Wins 'Yellowstone' Injunction In Dispute Over Installation of Dryer Vent.

Plaintiff co-op owner sought a Yellowstone injunction to keep defendant co-op from taking steps to evict her before the resolution of her suit over installation of a dryer vent. Defendant contended that plaintiff's proprietary lease terminated because plaintiff installed the dryer vent in the outside wall of her apartment without board approval. Plaintiff said she obtained approval from the prior board. The court said in part that plaintiff's documentary evidence coupled with defendant's unexplained failure to provide evidence within its control supported the view that plaintiff would prevail on the merits, as it appeared that the board gave its approval. Under the lease, the board could not unreasonably withhold consent. Defendant could not rely on the business judgment rule to shield unreasonable actions. Plaintiff was granted a preliminary injunction.
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Publication:Real Estate Weekly
Article Type:Brief Article
Date:Aug 23, 2000
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