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  5. 245 A.D.2d 209 (1997)
 

BD. OF MANAGERS OF 140 E. 56TH ST. CONDO. v. HAUSNER

245 A.D.2d 209 (1997)

666 N.Y.S.2d 619

Board of Managers of 140 East 56th Street Condominium, on Behalf of Itself and Unit Owners of 140 East 56th Street Condominium, Respondent, v. Josef Hausner, Appellant, et al., Defendants

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

December 23, 1997

In this action to foreclose on a lien for unpaid common charges from an assessment for installation of new windows and lobby renovations, which charges defendant admitted were not paid, the IAS Court properly held that the windows were common elements and an individual unit owner could not with hold an assessed charge for their replacement, where replacement was based on a lawful action taken by the condominium's Board of Managers...

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