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EIDA v. BOARD OF MANAGERS OF 135 CONDOMINIUM

7741. 156986/12.

166 A.D.3d 561 (2018)

86 N.Y.S.3d 873

2018 NY Slip Op 08180

Isaac Eida, Appellant, v. Board of Managers of 135 Condominium, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 29, 2018.

Plaintiff seeks a declaratory judgment to void defendant's alleged improper amendment of its bylaws due to failure to comply with meeting notice requirements. Defendant waived the defenses of statute of limitations and lack of standing by failing to raise them in either a pre-answer motion to dismiss or its answer (see e.g. Dougherty v City of Rye, 63 N.Y.2d 989, 991-992 [1984]). Therefore...

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