Mill Pond Condominium v. Landau

Appellate Division of the Supreme Court of New York

Mill Pond Condominium v. Landau

216 A.D.2d 372, 628 N.Y.S.2d 530, 1995 N.Y. App. Div. LEXIS 6267

Appellate Division of the Supreme Court of the State of New York·Decided June 12, 1995·Published·Cited by 1 cases

Opinion

In an action to foreclose a lien for unpaid condominium common charges, the [373] defendants appeal from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated May 20, 1993, which granted the plaintiff’s motion for summary judgment on the issue of liability and directed a trial on the issue of damages.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court’s conclusion that the plaintiff demonstrated its entitlement to judgment as a matter of law on the issue of liability. Pursuant to the declaration establishing the condominium, the defendants’ liability was established. At the trial, the defendants will have the opportunity to litigate their proportionate shares of liability based upon, inter alia, their respective use and occupancy of the common areas affected. Mangano, P. J., Rosenblatt, Miller and Ritter, JJ., concur.

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In an action to foreclose a lien for unpaid condominium common charges, the [373] defendants appeal from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated May 20, 1993, which granted the plaintiff’s motion for summary judgment on the issue of liability and directed a trial on the issue of damages.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court’s conclusion that the plaintiff demonstrated its entitlement to judgment as a matter of law on the issue of liability. Pursuant to the declaration establishing the condominium, the defendants’ liability was established. At the trial, the defendants will have the opportunity to litigate their proportionate shares of liability based upon, inter alia, their respective use and occupancy of the common areas affected. Mangano, P. J., Rosenblatt, Miller and Ritter, JJ., concur.

Mill Pond Condominium v. Landau, 216 A.D.2d 372, 628 N.Y.S.2d 530, 1995 N.Y. App. Div. LEXIS 6267 (N.Y. Ct. App. 1995).

Pincite

216 A.D.2d 372 (Mill Pond Condominium v. Landau) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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