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LESAL ASSOCIATES v. BOARD OF MANAGERS OF THE DOWNING COURT CONDOMINIUM

309 A.D.2d 594 (2003)

765 N.Y.S.2d 352

LESAL ASSOCIATES, Respondent, v. BOARD OF MANAGERS OF THE DOWNING COURT CONDOMINIUM et al., Appellants.

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

Decided October 14, 2003.

This is a dispute concerning the proper allocation of common charges in a mixed-used condominium. Plaintiff, the sponsor and owner of the professional and commercial units, sought and, in the appealed order, obtained a declaration that it is liable only for charges relating to elements of the building used primarily by or for those units. Defendants, the condominium board and its members, contend that plaintiff is liable for a...

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