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BOARD OF MGRS. OF THE 100 W. 93 CONDOMINIUM v. 660 COLUMBUS RETAIL OWNER

Index No. 155851/22, Appeal No. 2244, Case No. 2023-02860.

2024 NY Slip Op 02583

BOARD OF MANAGERS OF THE 100 WEST 93 CONDOMINIUM, ON BEHALF OF ALL OF ITS UNIT OWNERS, Plaintiff-Appellant, v. 660 COLUMBUS RETAIL OWNER ET AL., Defendants-Respondents.

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

Decided May 9, 2024.

Attorney(s) appearing for the Case

Warshaw Burstein, LLP, New York ( Ally Hack of counsel), for appellant.

Katsky Korins LLP, New York ( Robert A. Abrams of counsel), for respondents.

Before: Manzanet-Daniels, J.P., Singh, Kapnick, Gesmer, Rodriguez, JJ.

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered February 23, 2023, which granted defendants' motion to dismiss this action seeking to recover allegedly unpaid assessments imposed on their commercial condominium units by plaintiff condominium board of managers (Board), unanimously affirmed, with costs.

Supreme Court properly dismissed this action based upon documentary evidence submitted with defendants' motion, specifically, the declaration with...

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