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CAPRER v. NUSSBAUM

36 A.D.3d 176 (2006)

825 N.Y.S.2d 55

FLORENTA CAPRER et al., Appellants, v. RICHARD NUSSBAUM et al., Respondents.

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

October 17, 2006.

Attorney(s) appearing for the Case

Shelley Thompson, Sunnyside, for appellants.

Silverman Perlstein & Acampora, LLP, New York City (Robert J. Ansell of counsel), for Richard Nussbaum and others, respondents.

Perez, Furey & Varvaro, Uniondale (Keith J. Frank of counsel), for Michael Kondrat, respondent.

FLORIO, J.P., KRAUSMAN and LIFSON, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.

This appeal presents several significant issues of apparent first impression with respect to the relationship between condominium unit owners, on the one hand, and the sponsor and other parties involved in the conversion and operation of the condominium, on the other. It requires that we decide, principally, three questions:

(1) Does the owner of a condominium unit have...

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