Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Di Fabio v. Omnipoint Communications, Inc.
Citations: 66 A.D.2d 635; 887 N.Y.S.2d 168
Court: Appellate Division of the Supreme Court of the State of New York; October 6, 2009; New York; State Appellate Court
The plaintiff, an owner and occupant of a condominium unit, appealed an order from the Supreme Court of Westchester County that denied his motion for a preliminary injunction against the construction of a cellular antenna by Omnipoint Communications and granted the defendants' cross motion to dismiss the complaint against the board members. The court affirmed the order, stating the plaintiff failed to demonstrate irreparable harm necessary for a preliminary injunction, as he did not allege damages of a non-economic nature. The court clarified that economic losses are not considered irreparable harm. Additionally, the board members correctly argued that the plaintiff lacked standing to assert claims concerning common elements of the condominium, as he did not file a derivative action on behalf of the condominium. The court's decision allows the plaintiff to potentially file a new claim in a representative capacity, but it does not address other contentions from the parties.