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RESIDENTIAL BD. OF MANAGERS OF THE CENTURY CONDO. v. BERMAN

213 A.D.2d 206 (1995)

633 N.Y.S.2d 478

Residential Board of Managers of the Century Condominium, by its President, Arthur Simons, Appellant, v. Eugene Berman et al., Respondents, et al., Defendants

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

March 9, 1995

The Supreme Court properly determined that the decision in Frisch v Bellmarc Mgt. (190 A.D.2d 383, 389) wherein this Court stated that "[a]n individual unit owner * * * cannot withhold payment of common charges and assessments in derogation of the bylaws of the condominium based on defective conditions in his unit or in the common areas" since plaintiff's claims "cannot be based on a breach...

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