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KAUNG v. BOARD OF MGRS. OF BILTMORE TOWERS CONDOMINIUM ASSN.

22 Misc.3d 854 (2008)

873 N.Y.S.2d 421

ROSE KAUNG et al., Plaintiffs, v. BOARD OF MANAGERS OF THE BILTMORE TOWERS CONDOMINIUM ASSOCIATION et al., Defendants.

Supreme Court of the State of New York, Westchester County.

December 10, 2008.

Attorney(s) appearing for the Case

Danzing Fishman & Decea, White Plains (Thomas B. Decea of counsel), for plaintiffs. Cuddy & Feder, LLP, White Plains (Joshua E. Kimerling and Brian P. Galligan of counsel), for MetroPCS New York, LLC, defendant. Marin Goodman, LLP, New York City (Richard P. Marin and Kimberly A. Connick of counsel), for Board of Managers of the Biltmore Towers Condominium Association and others, defendants.

OPINION OF THE COURT

ALAN D. SCHEINKMAN, J.

Plaintiffs Rose Kaung, Bill Kaung, Robert Marshall, Carlos Caceres, Stephen Drago, Martha Yeager, Bonnie Ackerman and the Biltmore Towers Owners Coalition (plaintiffs) move for a preliminary injunction enjoining the construction of wireless communication antennas (cell towers) on the roof of a residential building located at 30 Lake Street, White Plains, New York, known as the "Biltmore Towers" (hereinafter the...

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