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BAXTER STREET CONDOMINIUM v. LPS BAXTER HOLDING CO. LLC

Index No. 157071/19. Appeal No. 16047. Case No. 2021-01931.

205 A.D.3d 640 (2022)

169 N.Y.S.3d 298

2022 NY Slip Op 03470

Baxter Street Condominium, by its Board of Managers, Respondent, v. LPS Baxter Holding Company, LLC, Appellant, et al., Defendants.

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

Decided May 31, 2022.

Attorney(s) appearing for the Case

Linton Robinson & Higgins, LLP, New York ( Anna Higgins of counsel), for appellant.

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Maria I. Beltrani of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Moulton, Kennedy, JJ.

Plaintiff Baxter Street Condominium owns the property located at 123 Baxter Street in Manhattan. Its Board of Managers (Board) manages the affairs of the building, pursuant to its By-Laws. Defendant LPS owns four commercial units in the building, which it leases to various commercial tenants. This action concerns the Board's determination, by a vote on June 6, 2018, to assess all unit owners the total amount of $150,000 to fund needed repairs to the building (including the...

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