BOARD OF MANAGERS OF DIVINE GRACE CONDOMINIUM v. TI YING YAN

2961, 152625/13.

146 A.D.3d 734 (2017)

2017 NY Slip Op 00614

46 N.Y.S.3d 75

BOARD OF MANAGERS OF THE DIVINE GRACE CONDOMINIUM, Respondent, v. TI YING YAN, Also Known as TI YANG YAN, et al., Appellants, et al., Defendants.

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

Decided January 31, 2017.


Plaintiff, a condominium's board of managers, commenced this action to recover unpaid common charges applicable to a unit in a building owned by defendant Ti Ying Yan. The check eventually tendered to plaintiff with instructions stating that it was to be applied to common charges for the unit did not clearly inform plaintiff that accepting the amount offered would settle or discharge the total amount allegedly due so as to constitute an accord and satisfaction (see Merrill...

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