TERK v. 40059 OWNERS CORP.


194 Misc.2d 419 (2002)

754 N.Y.S.2d 130

NEIL TERK, Respondent, v. 40059 OWNERS CORP., Appellant.

Supreme Court, Appellate Term, First Department.

December 27, 2002.


Attorney(s) appearing for the Case

Wolf, Haldenstein, Adler, Freeman & Herz, New York City (Steven D. Sladkus of counsel), for appellant.

Ewall & Ewall, Huntington (Lisa Arden of counsel), for respondent.

McCOOE, J.P., GANGEL-JACOB and SCHOENFELD, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order entered September 25, 2000 modified by denying plaintiff's cross motion for summary judgment on the fifth cause of action; as modified, order affirmed, without costs.

Plaintiff seeks to recoup amounts previously assessed by defendant cooperative representing construction costs incurred by defendant on plaintiff's behalf for repairs to the penthouse apartment and a separate "tool room" space owned by plaintiff...

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