The motion court properly dismissed plaintiff's claims relating to the prospective change to the allocation of common charges based on plaintiff's percent of the common interest, beginning with the 2017 budget, as flatly contradicted by the condominium's governing documents and Real Property Law § 339-m (CPLR 3211[a][1]). As defendants assert, estoppel cannot "operate to relieve one from the mandatory operation of a statute" (Matter of Scheurer v New York City Employees...
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