SCHOEN v. THE BOARD OF MGRS. OF 255 HUDSON CONDOMINIUM

Index No. 653725/20. Appeal No. 281. Case No. 2022-05511.

216 A.D.3d 536 (2023)

189 N.Y.S.3d 478

2023 NY Slip Op 02746

Laurie G. Schoen, as Trustee of the Laurie G. Schoen 2005 Revocable Trust, Appellant, v. The Board of Managers of 255 Hudson Condominium, Respondent.

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

Decided May 18, 2023.


Attorney(s) appearing for the Case

Moulinos & Associates, LLC, New York ( Peter Moulinos of counsel), for appellant.

Braverman Greenspun P.C., New York ( William J. Geller of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, González, Shulman, Higgitt, JJ.


Order, Supreme Court, New York County (David B. Cohen, J.), entered November 23, 2022, which denied plaintiff's motion to dismiss defendant's counterclaims for injunctive relief and for a declaratory judgment as time-barred by RPAPL 2001 or, alternatively, for dismissal of defendant's second counterclaim as duplicative, unanimously affirmed, without costs.

Defendant's counterclaims are not time-barred by RPAPL 2001(2). Defendant is not seeking to enforce a negative...

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