BOARD OF MGRS. OF WARREN HOUSE CONDOMINIUM v. 34TH STREET ASSOCIATES LLC

152052/13, 4598, 4597.

154 A.D.3d 475 (2017)

61 N.Y.S.3d 480

2017 NY Slip Op 07167

THE BOARD OF MANAGERS OF THE WARREN HOUSE CONDOMINIUM, Respondent-Appellant, v. 34TH STREET ASSOC LLC et al., Appellants-Respondents.

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

Decided October 12, 2017.


Issues of fact exist as to whether defendants' ownership of more than 10% of the condominium units has rendered the condominium unviable. In particular, plaintiff submitted evidence indicating that such ownership by defendants has made lenders unwilling to provide financing or mortgages secured by the condo units, and that defendants' rental tenants have caused increased wear and tear on the building's common areas (see 511 W. 232nd Owners Corp. v Jennifer Realty Co.,...

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