MINDEL v. PHOENIX OWNERS CORP.


17 A.D.3d 227 (2005)

793 N.Y.S.2d 390

SUSAN WEIS MINDEL et al., Appellants, v. THE PHOENIX OWNERS CORP., Respondent.

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

April 21, 2005.


The causes of action for declaratory judgment and reimbursement of moneys, based on requirements set forth in both Administrative Code of the City of New York § 27-860 (adjoining chimneys) and a 1988 stipulation of settlement between the parties in a related action, were subject to the three-year statute of limitations (CPLR 214 [2]). Defendant's responsibility to alter the chimneys of plaintiffs' residence to conform to height requirements (§ 27-860 [a]), and to...

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