CHEM. BANK v. LEVINE


91 N.Y.2d 738 (1998)

698 N.E.2d 419

675 N.Y.S.2d 583

Chemical Bank, Respondent, v. Mark L. Levine et al., Defendants, and Board of Managers of Remsen Gardens Condominium, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1998.


Attorney(s) appearing for the Case

Martin M. Filler, Staten Island, for appellant.

Siller Wilk, L. L. P., New York City (Charles D. Hellman, Mark E. Housman and Robert P. Reichman of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


TITONE, J.

The Condominium Act provides for a lien against each condominium unit for unpaid common charges and further provides that the lien will expire six years from the date it is filed (Real Property Law §§ 339-aa, 339-z). The threshold issue in this appeal is whether the commencement of a mortgage foreclosure action against the unit owner by a third party tolls the running of that six-year period...

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