PACKARD ESTATES HOMEOWNERS' ASS'N, INC. v. JAMES V. PAIGE, JR. DEV. CORP.


229 A.D.2d 953 (1996)

645 N.Y.S.2d 242

Packard Estates Homeowners' Association, Inc., Respondent, v. James V. Paige, Jr. Development Corp., Appellant

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

July 12, 1996


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied that part of defendant's motion for summary judgment seeking dismissal of the cause of action of plaintiff homeowners' association for unpaid assessments on future units. Plaintiff's declaration and bylaws are ambiguous with respect to the point at which the future units become subject to assessment and the extent to which the land itself is subject to assessment, and thus those...

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