Opinion
No. 570537/15.
11-18-2015
BOARD OF MANAGERS OF THE TOWERS ON THE PARK CONDOMINIUM, Plaintiff–Respondent, v. Josefina CRUZ, Defendant–Appellant.
Opinion
PER CURIAM.
Order (Lynn R. Kotler, J.), entered December 24, 2014, affirmed, without costs.
Civil Court correctly determined that defendant, the owner of a condominium unit, is obligated to pay the common charges and special assessments sought herein by plaintiff, and properly granted plaintiff's motion for summary judgment. Defendant was not entitled to withhold payment in derogation of the condominium's bylaws based on any defective conditions in her unit or in the common areas (see Board of Mgrs. of 200 W. 109 Condominium v. Baker, 244 A.D.2d 229 1997; Frisch v. Bellmarc Mgt., 190 A.D.2d 383, 389 1993 ). Defendant was also required to pay plaintiff's legal fees pursuant to Article IX, section 2, of the bylaws. No triable issue of fact was raised by defendant either with respect to the complaint or the counterclaims. The counterclaims seeking declaratory relief were not within the court's subject matter jurisdiction and therefore, were properly dismissed (see Lex 33 Assoc. v. Grasso, 283 A.D.2d 272 2001 ). We have considered defendant's other contentions and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur