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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46112 Justice Cahn PETITIONER UNIT owner sought an order annulling an election for a condominium’s board. Condominium bylaws � 2.7 provided for election of a nine-member board pursuant to plurality voting constraints in �4.9. Petitioner argued that �4.9(D) permitted the condominium sponsor to designate two board members and vote for only one additional member. Respondent sought dismissal for failure to state a claim. It argued that a �4.9(D) permits the sponsor to designate two members and to vote for any or all of the remaining seven board members, but that, of those seven, the sponsor’s vote can be the decisive, plurality-achieving vote as to only three members. The court dismissed the petition. Noting contract construction principles applicable to condominium bylaws, the court, said that decisions in Rego Park Garden Assocs. v. Rego Park Gardens, Semel v. 6465 Realty Co. and Madison v. Striggles protected the rights of all shareholders, including the sponsor, to cast their votes in combination with one another.

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