BANKER TRUST v. MANAGERS BD.


181 A.D.2d 274 (1992)

Bankers Trust Company, Respondent, v. Board of Managers of the Park 900 Condominium, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 9, 1992


Attorney(s) appearing for the Case

Gary M. Rosenberg of counsel (Jeffrey Turkel with him on the brief; Rosenberg & Estis, attorneys), for appellant.

Joel David Sharrow of counsel (Moses & Singer, attorneys), for respondent.

Stuart M. Saft of counsel (Eric B. Levine with him on the brief; Wolf Haldenstein Adler Freeman & Herz, attorneys), for Council of New York Cooperatives, amicus curiae.

ELLERIN, J. P., KUPFERMAN and KASSAL, JJ., concur.


ASCH, J.

Plaintiff bank commenced this action in November 1989 to foreclose its first mortgage lien on two units, in the residential condominium known as the Park 900 Condominium, which were owned by nonappearing defendants Joseph and Josephine Pal. The Pals had stopped making payment of common charges on the two units in February 1988, but, notwithstanding this default, the board of managers approved a 3½...

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