Board of Mgrs. of the Warren House Condominium v. 34th St. Assoc. LLC

2017 NY Slip Op 7167, 154 A.D.3d 475, 61 N.Y.S.3d 480

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 12, 2017
• Docket: 152052/13 4598 4597
• Status: Published

Opinion

Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 18, 2015, which denied defendants’ motion for summary judgment and plaintiff’s motion for partial summary judgment, unanimously affirmed, without costs.

Issues of fact exist as to whether defendants’ ownership of more than 10% of the condominium units has rendered the condominium unviable. In particular, plaintiff submitted evidence indicating that such ownership by defendants has made lenders unwilling to provide financing or mortgages secured by the condo units, and that defendants’ rental tenants have caused increased wear and tear on the building’s common areas (see 511 W. 232nd Owners Corp. v Jennifer Realty Co., 98 NY2d 144, 152-153 [2002]; West Gate House, Inc. v 860-870 Realty LLC, 7 AD3d 412 [1st Dept 2004]).

Concur — Acosta, P.J., Renwick, Webber, Oing and Moulton, JJ.