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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)

Citation
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Parent Document
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Jurisdiction
New York (state)
Effective Date
2004-06-29

Other Sections in This Document (76)

Full Text

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A second advantage of Pullman is the benefit to the overall quality of living of other shareholder-tenants. As the Court explained, the “concept of cooperative living entails a voluntary, shared control over rules, maintenance and the composition of the community.” {Pullman, 100 NY2d at 158.) If those involved in community living understand what is involved and what they must give, cooperation among cooperators will result. (See Captain’s Walk Homeowners Assn. v Czeczil, 2003 NY Slip Op 51383DJ], *6 [Sup Ct, Suffolk County 2003] [noting Pullman’s utilitarian concept of cooperative living].) That understanding will arise, when no judge decides objectionability, only if all the shareholder-tenants have a say in whose conduct, and what conduct, is objectionable.