BOARD OF MGRS. OF RUPPERT YORKVILLE TOWERS CONDOMINIUM v. HAYDEN

8492N. 153652/15.

169 A.D.3d 569 (2019)

94 N.Y.S.3d 59

2019 NY Slip Op 01335

Board of Managers of Ruppert Yorkville Towers Condominium, Respondent, v. Carol Hayden, Appellant.

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

Decided February 21, 2019.


Plaintiff is permitted by Real Property Law § 339-aa, and article V, § 7, of the condominium bylaws, to maintain this action notwithstanding the pendency of its cross claims against defendant in the foreclosure action brought by defendant's mortgage lender.

Defendant's remaining affirmative defenses were correctly dismissed on the ground that they were pleaded conclusorily (see 170 W. Vil. Assoc. v G & E Realty, Inc., 56 A.D.3d...

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