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BOARD OF MANAGERS OF THE PARKCHESTER NORTH CONDOMINIUM v. ALASKA SEABOARD PARTNERS LIMITED PARTNERSHIP

37 A.D.3d 332 (2007)

831 N.Y.S.2d 370

BOARD OF MANAGERS OF THE PARKCHESTER NORTH CONDOMINIUM, on Behalf of the Unit Owners, Respondent, v. ALASKA SEABOARD PARTNERS LIMITED PARTNERSHIP, Appellant, et al., Defendant.

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

Decided February 22, 2007.

Real Property Law § 339-aa provides that a lien for common charges: "may be foreclosed by suit authorized by and brought in the name of the board of managers, acting on behalf of the unit owners, in like manner as a mortgage of real property, without the necessity, however, of naming as a party defendant any person solely by reason of his owning a common interest with respect to the property" (emphasis added).

Article 13 of the Real Property Actions and...

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