VACATION VILLAGE HOMEOWNERS' ASSOCIATION, INC. v. MORDKOFSKY


265 A.D.2d 746 (1999)

698 N.Y.S.2d 739

VACATION VILLAGE HOMEOWNERS' ASSOCIATION, INC., Respondent, v. NORMAN MORDKOFSKY et al., Appellants.

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

Decided October 28, 1999.


Mikoll, J. P.

Plaintiff moved in the foreclosure action to recover from defendants unpaid annual assessments due it under a "Declaration of Covenants" entered into by the parties. Summary judgment was granted to plaintiff on January 21, 1997 by Supreme Court (Bradley, J.) and a Referee was appointed to compute the amount owed. Defendants' appeal of this order was dismissed by this Court for failure to prosecute.

Defendants moved for reconsideration of the...

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