BOARD OF MGRS. OF THE 190 MESEROLE AVE. CONDOMINIUM v. BOARD OF MGRS. OF THE 188 MESEROLE AVE. CONDOMINIUM

2018-06315. Index No. 500555/13.

191 A.D.3d 629 (2021)

142 N.Y.S.3d 73

2021 NY Slip Op 00541

Board of Managers of the 190 Meserole Avenue Condominium et al., Respondents, v. Board of Managers of the 188 Meserole Avenue Condominium, Defendant, and Board of Managers of the 175 Diamond Street Condominium et al., Appellants.

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

Decided February 3, 2021.


Attorney(s) appearing for the Case

Sahn Ward Coschignano, PLLC, Uniondale, NY ( Christian Browne and Joseph R. Bjarnson of counsel), for appellants Board of Managers of the 175 Diamond Street Condominium, Robert Kulczynski, Ednyta Kulczynski, Justin Gonzalez, Helena Czajowska, Peter G. Stork, Terrie L. Stork, Gerald T. Rustic, Laura J. Hum, Branimir A. Rakuljic, Philip Giarrafa, and Monica Barquin.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn, NY ( Andrea J. Caruso and Mark Caruso of counsel), for appellants Andrzej M. Paczek and Agnieszka M. Paczek.

Lester Bleckner & Shaw LLP, New York, NY ( Martin Shaw of counsel), for respondents.

Chambers, J.P., LaSalle, Iannacci and Christopher, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiffs' cross motion which were for summary judgment on the issue of liability on the complaint insofar as asserted against the appellants, and substituting therefor a provision denying those branches of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

Three attached condominium buildings...

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