HOMEOWNERS ASSOCIATION OF VICTORIA WOODS, III, INC. v. INCARNATO


8 A.D.3d 983 (2004)

778 N.Y.S.2d 811

THE HOMEOWNERS ASSOCIATION OF VICTORIA WOODS, III, INC., Plaintiff, v. JUDITH INCARNATO, Appellant. PHILLIPS, LYTLE, HITCHCOCK, BLAINE & HUBER, LLP, et al., Respondents.

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

June 14, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the cross motion of Phillips, Lytle, Hitchcock, Blaine & Huber, LLP, and Richard J. Mooney, Esq. (respondents) for summary judgment dismissing all claims of defendant against them. In November 2001, plaintiff commenced this action to foreclose a lien on defendant's townhouse for unpaid assessments...

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