BD. OF MGRS. v. FARAJZADEH


185 Misc.2d 353 (2000)

712 N.Y.S.2d 722

BOARD OF MANAGERS OF THE MEWS AT NORTH HILLS CONDOMINIUM, Plaintiff, v. DAVOUD FARAJZADEH, Also Known as DAVID FARAJZADEH, Also Known as DAVOUD SARA JZADEH, Defendant.

District Court of Nassau County, First District.

March 31, 2000.


Attorney(s) appearing for the Case

Certilman, Balin, Adler & Hyman, L. L. P., East Meadow, for plaintiff.

Max Markus Katz, P. C., New York City, for defendant.


OPINION OF THE COURT

KENNETH L. GARTNER, J.

This motion compels this court to apply the criticized but controlling feudal concept of "independent covenants" to an action for unpaid condominium charges and assessments. This motion also raises a novel issue regarding the fundamental nature of this court's jurisdiction: Where the amount sought by a plaintiff in a contract action although within this court's jurisdictional limits when the action was commenced...

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