Breaking and associated brands will be offline for scheduled maintenance Friday Feb. 26 9 PM US EST to Saturday Feb. 27 6 AM EST. We apologize for the inconvenience.


Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A Queens, N.Y., couple have won the right to display a Succah on the balcony of their condominium apartment to mark the Jewish holiday of Sukkot, under a ruling handed down by a Queens Supreme Court Judicial hearing Officer. The Board of Managers of the Parkridge Condominiums in Bayside, Queens, acted in violation of their own bylaws when they banned the religious display without first circulating a copy of a new rule or regulation among homeowners in the complex, according to Judicial Hearing Officer Sidney Leviss. Leviss also lifted a $1,000 fine that had been levied against the couple for displaying the succah, a shelter with a roof of branches and leaves, over the eight-day holiday, which this year begins on Oct. 13. In Greenberg v. Board of Managers of Parkridge Condominiums, 20257/95, the plaintiffs are observant members of the Jewish faith who displayed the succah to mark the holiday. Robert and Bonnie Greenberg first put up the temporary structure on their balcony in 1993. The Board of Managers of the condominium demanded that the structure be removed, insisting that prior approval of the display was necessary. They fined the Greenbergs $1,000. In 1995, the dispute again arose when the Greenbergs built another succah. This time, the board imposed the fine and barred the Greenbergs from the pool and exercise areas of the condominium complex. The Greenbergs said the board’s actions amounted to an infringement of their religious freedom, and asked the Queens County Supreme Court to enter an injunction against the prohibition of succahs, and an order canceling the penalties. The Greenbergs argued that the board engaged in discrimination since it chose not to enforce a ban against temporary structures that had been erected for non-religious purposes. Leviss did not directly address the infringement of religious freedom issue, since he found the board to have acted precipitously, in violation of the condominium association’s own bylaws. The existing bylaws of the Parkridge Condominium contained no rule or regulation against the erection of a succah on a balcony, Leviss observed. The bylaws did include a provision for enactment of new rules and regulations — and that process called for the circulation of proposed new rules to all of the residents of the condominium complex. “The Board of Managers violated the provision of their powers by not complying with same,” Leviss said. Also, the erection of a temporary display such as a succah is not an alteration that would clearly require approval from the board, the court said previously in the case. Representing the Greenbergs was Louis L. Nock, of the Manhattan firm Snitow & Cunningham. Representing the condominium board was Robert N. Cohen of Weinstein Kaplan & Cohen in Garden City, N.Y.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.