Max di Fabio sued members of his condominium board and Omnipoint Communications to stop the erection of a cell phone antenna on the building's roof.
Because he failed to establish an entitlement to relief, the Westchester County Supreme Court denied Fabio's request and granted the board's cross-motion to dismiss the case.
On appeal, the Appellate Division, Second Department, noted that Fabio brought the wrong kind of case against the board and agreed that the litigation had been properly dismissed. (Fabio was permitted to bring the right kind of suit -- a derivative action -- if he so desired.)
The AD2 also thought that an injunction would have been improper because Fabio didn't show he would suffer "irreparable harm." (In other words, he needed to establish that any alleged misconduct wasn't "compensable by money damages." )
Did someone dial that one in?
To view a copy of the Appellate Division's decision, please use this link: Fabio v. Omnipoint