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BOARD OF MGRS. OF THE 442 ST. MARKS AVE. CONDOMINIUM v. MILORD

2019-13565. Index No. 505471/14.

212 A.D.3d 760 (2023)

183 N.Y.S.3d 131

2023 NY Slip Op 00296

Board of Managers of the 442 St. Marks Avenue Condominium, Respondent, v. Marc C. Milord et al., Defendants, and 442 Marks Ave 123, LLC, Intervenor-Appellant.

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

Decided January 25, 2023.

Attorney(s) appearing for the Case

Altman Schochet LLP, New York, NY ( Irena Shternfeld of counsel), for intervenor-appellant.

Baltzis Daigle LLP, New York, NY ( Konstantinos G. Baltzis of counsel), for respondent.

Barros, J.P., Zayas, Ford and Taylor, JJ., concur.

In an action to foreclose a lien upon a condominium unit for nonpayment of common charges, the intervenor, 442 Marks Ave 123, LLC, appeals from an order of the Supreme Court, Kings County (Mark I. Partnow, J.), dated November 8, 2019. The order, insofar as appealed from, denied that branch of the intervenor's motion which was to direct a referee to return a down payment to the intervenor, and granted that branch of the plaintiff's cross motion which was, in effect, to direct...

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