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ESSEX OWNERS CORP. v. BARRETT

15 A.D.3d 193 (2005)

788 N.Y.S.2d 610

ESSEX OWNERS CORP., Appellant, v. JOANNE BARRETT, Respondent.

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

February 3, 2005.

The action was properly dismissed for lack of evidence sufficient to show, inter alia, that defendant was given notice that her maintenance was in arrears in accordance with the terms of the proprietary lease, when plaintiff foreclosed on the subject apartment, whether defendant was given notice of such foreclosure and whether the foreclosure sale was conducted in a commercially reasonable manner (cf. DeRosa v Chase Manhattan Mtge. Corp., 10 A.D.3d...

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