EDGEWOOD ESTATES HOMEOWNERS' ASS'N, INC. v. MARK IV CONSTR. CO., INC.


221 A.D.2d 984 (1995)

633 N.Y.S.2d 900

Edgewood Estates Homeowners' Association, Inc., Appellant, v. Mark IV Construction Co., Inc., Respondent

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

November 15, 1995


Order unanimously reversed on the law with costs, complaint reinstated, motion granted in part and third, fourth, fifth, eighth and ninth affirmative defenses struck.

Memorandum:

Defendant candidly concedes that the Offering Plan requires it to pay the difference between plaintiff Association's actual yearly expenses and the charges levied on Association members who have closed on their lots (see, Brookview...

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