SCHOTTENSTEIN v. WINDSOR TOV, LLC

600661/07, 5342, 5343, 5344.

85 A.D.3d 546 (2011)

924 N.Y.S.2d 788

2011 NY Slip Op 5185

SARAH SCHOTTENSTEIN, Appellant, v. WINDSOR TOV, LLC, et al., Respondents, et al., Defendants.

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

Decided June 16, 2011.


Plaintiff seeks a preliminary injunction staying her obligation to pay past and current common charges on the ground that her condominium unit was destroyed by extensive water leaks and mold and suffered a "Casualty Loss" within the meaning of the condominium bylaws, thereby relieving her from the obligation to pay common charges. Plaintiff failed to demonstrate a likelihood of success on the merits, the prospect of irreparable harm absent an injunction, and a balance of...

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