In re Abbady

Appellate Division of the Supreme Court of New York

In re Abbady

216 A.D.2d 115, 629 N.Y.S.2d 6, 1995 N.Y. App. Div. LEXIS 6571

Appellate Division of the Supreme Court of the State of New York·Decided June 20, 1995·Published·Cited by 5 cases

Opinion

Order, Supreme Court, New York County (Harold Tompkins, J.), entered September 9,1994, which, inter alia, granted plaintiffs motion for summary judgment in the amount of $86,492.38, representing unpaid condominium common charges, unanimously affirmed, without costs.

The warranty of habitability (Real Property Law § 235-b) does not apply to an individual unit within a condominium, and an individual unit owner cannot withhold payment of common charges and assessments in derogation of the condominium’s bylaws based on defective conditions in his or her unit or in the common areas, or a disagreement with actions lawfully taken by the Board of Managers (Frisch v Bellmarc Mgt., 190 [116] AD2d 383, 389). Defendants’ arguments at bar run almost exclusively to the merits of their counterclaims, which remain pending in the IAS Court without affecting the obligation to pay common charges (Residential Bd. of Mgrs. v Berman, 213 AD2d 206). Concur—Murphy, P. J., Wallach, Ross, Nardelli and Williams, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Harold Tompkins, J.), entered September 9,1994, which, inter alia, granted plaintiffs motion for summary judgment in the amount of $86,492.38, representing unpaid condominium common charges, unanimously affirmed, without costs.

The warranty of habitability (Real Property Law § 235-b) does not apply to an individual unit within a condominium, and an individual unit owner cannot withhold payment of common charges and assessments in derogation of the condominium’s bylaws based on defective conditions in his or her unit or in the common areas, or a disagreement with actions lawfully taken by the Board of Managers (Frisch v Bellmarc Mgt., 190 [116] AD2d 383, 389). Defendants’ arguments at bar run almost exclusively to the merits of their counterclaims, which remain pending in the IAS Court without affecting the obligation to pay common charges (Residential Bd. of Mgrs. v Berman, 213 AD2d 206). Concur—Murphy, P. J., Wallach, Ross, Nardelli and Williams, JJ.

In re Abbady, 216 A.D.2d 115, 629 N.Y.S.2d 6, 1995 N.Y. App. Div. LEXIS 6571 (N.Y. Ct. App. 1995).

Pincite

216 A.D.2d 115 (In re Abbady) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related