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BOARD OF MANAGERS OF HONTO 88 CONDOMINIUMS v. RED APPLE CHILD DEVELOPMENT CENTER

Index No. 651890/20. Appeal No. 15375. Case No. 2021-03106.

202 A.D.3d 615 (2022)

159 N.Y.S.3d 844

2022 NY Slip Op 01233

Board of Managers of Honto 88 Condominiums, Respondent, v. Red Apple Child Development Center et al., Appellants, et al., Defendants.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

DeMarco Law Firm, PLLC, Forest Hills ( Enrico DeMarco of counsel), for appellants.

Law Offices of Winnie Mok, New York ( James F. Simermeyer of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.

The motion court providently exercised its discretion in appointing a temporary receiver in this action to foreclose on common charge liens on commercial units, as authorized by the condominium bylaws (see Real Property Law § 339-aa; Capital One, N.A. v Banfill, 177 A.D.3d 415 [1st Dept 2019]). The court properly determined that defendant Red Apple Child Development Center's significant stake in the condominium, history of arrears and litigation against...

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