Randa Bishop, owner of a commercial unit, sued her condominium's board after it interfered with the alteration of her space.
Bishop claimed that the board withdrew its approval of the work during a "secret meeting" held at the behest of a board member whose outdoor terrace would have been impacted by the renovations. Bishop also argued the Department of Buildings twice rejected the board's attempts to revoke her construction plans.
Since Bishop had the right to renovate her space without the board's approval, as long as that activity didn't create a "'nuisance' or interfere with another resident's peaceful possession or proper use of the property," the New York Supreme Court thought her punitive-damages claim should be permitted to survive.
On appeal, the Appellate Division, First Department, agreed that if the board "intentionally and willfully" disregarded the unit owner's rights, a judge (or jury) could conclude that punitive damages were warranted in the case.
In other words, the AD1 gave this Bishop its blessing.
To view a copy of the Appellate Division's decision, please use this link: Bishop v. 59 W. 12th St. Condominium