The IAS court erred in its denial of appellant's cross motion for summary judgment and in its grant of reverse summary judgment to third-party defendants. The motion court erroneously concluded that the tree-well area of the sidewalk was not an appurtenance to the premises. Condominium bylaws section 5.4 (B) requires Future and the Board to maintain liability insurance for the benefit of 32nd Street and all other unit owners with respect to claims arising from accidents occurring...
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