The Appellate Division unanimously affirmed, with costs, the Order which granted defendants' motion to dismiss the complaint. Plaintiff's allegations are conclusively refuted by documentary evidence, namely, plaintiff's assignment of its interest in the condominium's sponsor entity and the subsequent deeds in which title to the unit appurtenant to the parking ramp at the center of the dispute was transferred to another entity, showing that plaintiff did not own the ramp. Plaintiff's bad faith in filing an unauthorized amendment to the condominium declaration, after assigning away its interest, to purport to obtain title to the ramp, without any colorable basis for doing so, renders its urging for equity unavailing.
Sackman Enters. Inc. v. Board of Mgrs. of the Chesterfield Condominium, NY Slip Op 01732 (1st Dep't March 23, 2021)
