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GURYEV v. TOMCHINSKY

No. 224.

20 N.Y.3d 194 (2012)

981 N.E.2d 273

957 N.Y.S.2d 677

2012 NY Slip Op 8443

ALEKSEY GURYEV, Appellant, v. GREGORY TOMCHINSKY et al., Defendants, and 200 RIVERSIDE BOULEVARD AT TRUMP PLACE et al., Respondents.

Court of Appeals of New York.

decided December 11, 2012.

Attorney(s) appearing for the Case

Arze & Mollica, LLP, Brooklyn ( Raymond J. Mollica of counsel), for appellant.

Cartafalsa, Slattery, Turpin & Lenoff, New York City ( Robert H. Fischler and B. Jennifer Jaffee of counsel), for respondents.

Judges GRAFFEO, SMITH and PIGOTT concur with Judge READ; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judge CIPARICK concurs.

OPINION OF THE COURT

READ, J.

Defendants Gregory and Marina Tomchinsky own a residential apartment at 200 Riverside Boulevard at Trump Place, a 47-story building located in Manhattan, which is organized as a condominium (see Real Property Law art 9-B [Condominium Act]). The other defendants in this action are the condominium; its Board of Managers (the Board), the entity responsible for the building...

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