BD. OF MANAGERS OF THE 193 SECOND AVE. CONDO. v. END REAL ESTATE CORP.


253 A.D.2d 587 (1998)

677 N.Y.S.2d 139

Board of Managers of the 193 Second Avenue Condominium, Respondent, v. End Real Estate Corp., Appellant

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

September 3, 1998


Upon examination of the documentation defining the rights of the parties in the contested portion of the cellar, including the Declaration of Condominium and the floor plans filed in connection thereweith, we must conclude that these documents are inherently inconsistent and that questions of fact therefore remain precluding summary judgment.

The Declaration itself does not state in the introductory description of the commercial unit, which is held by defendant, that...

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