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BOARD OF MGRS. OF PEREGRINE TOWER CONDOMINIUM v. NYC 2014 LLC

Index No. 150552/18. Appeal No. 13747. Case No. 2020-04339.

194 A.D.3d 403 (2021)

143 N.Y.S.3d 199

2021 NY Slip Op 02738

Board of Managers of the Peregrine Tower Condominium, Respondent, v. NYC 2014 LLC, Appellant, et al., Defendants.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

The Law Offices of Michael J.S. Pontone, P.C., New York ( Michael J.S. Pontone of counsel), for appellant.

Belkin Burden Goldman, LLP, New York ( Magda L. Cruz of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.

The motion court properly determined that the attorneys' fees incurred by plaintiff in an earlier action against defendant for its violation of the condominium's prohibition on the use of units for transient occupancy were collectible in this action under the bylaws (Board of Mgrs. of Warren House Condominium v Pike, 46 A.D.3d 344, 345 [1st Dept 2007]). Specifically, article V, section 9 of the condominium's bylaws allows plaintiff...

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