Frankel v. Board of Managers of the Central Park West Condominium

New York, New York County · NY · New York Supreme Court, Appellate Division, First Department

MIXED · records

What happened

Unit owner Kevin Frankel sued the Board of Managers of the Central Park West Condominium over books-and-records inspection, validity of the 2017 board election, fiduciary-duty claims, and parking-fee setting. Supreme Court (New York County) partly granted and partly denied the board's CPLR 3211 motion to dismiss. Both sides appealed limited portions. The First Department affirmed (Nov. 14, 2019): records and election claims survived dismissal; fiduciary-duty and parking-fee declaration claims were properly dismissed.

What the court (or agency) held

A unit owner's cause of action to inspect condominium books and records survives a CPLR 3211 motion to dismiss when factual disputes remain about good faith/proper purpose and what has already been provided. Election-challenge claims also survived because heavily redacted proxies did not conclusively prove quorum or bylaw compliance. Fiduciary-duty claims pleaded only board-member conduct were dismissed, and a claim that parking fees must be set by unit-owner vote failed under the bylaws and the business judgment rule—yielding a mixed but member-favorable interlocutory result on records and election claims.

Why this matters for members

This result is MIXED — a partial win, not a clean sweep on every claim. At the pleadings stage, incomplete/redacted election ballots often cannot "utterly refute" an election challenge. Records claims turn on disputed purpose and production scope. Business-judgment protection can still shield bylaw-authorized fee setting.

What the member did

Pleaded a books-and-records inspection claim and opposed dismissal with factual disputes over purpose and production completeness.

What did not work

Fiduciary-duty claims against board members in that capacity and the parking-fee unit-owner-vote declaration were dismissed.

Questions for the board

Questions for a lawyer

Citation

Frankel v. Board of Managers of the Central Park West Condominium, 177 A.D.3d 465, 2019 NY Slip Op 08262 (1st Dep’t 2019) (2019-11-14). New York Supreme Court, Appellate Division, First Department. Outcome chip: MIXED. Flags: MIXED. Source: https://www.nycourts.gov/reporter/3dseries/2019/2019_08262.htm

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.