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MATTER OF ABBADY

216 A.D.2d 115 (1995)

629 N.Y.S.2d 6

In the Matter of Ariel Abbady et al., Appellants. Mitchell Mailman, as President and on Behalf of Board of Managers of Cityspire Condominium, Respondent

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

June 20, 1995

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 A.D.2d 383

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