BOARD OF MGRS. OF ST. JAMES'S TOWER CONDOMINIUM v. KUTLER

3892. 106826/11.

150 A.D.3d 420 (2017)

2017 NY Slip Op 03605

51 N.Y.S.3d 404

BOARD OF MANAGERS OF ST. JAMES'S TOWER CONDOMINIUM, Respondent, v. DOROTHEA KUTLER, Appellant, et al., Defendants.

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

Decided May 4, 2017.


The express language of the condominium's bylaws permitted the appointment of a receiver, without notice, to collect unpaid common charges in this foreclosure action. Further, the record demonstrates that while defendant, an owner of an apartment in the condominium, paid maintenance arrears after plaintiff board filed a notice of lien and commenced the action to foreclose on the lien, she still owed plaintiff for assessments, late fees and associated attorney's fees. Accordingly...

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