Board of Man., the 200 W. 109 Con. v. Baker

Full title: BOARD OF MANAGERS OF THE 200 WEST 109 CONDOMINIUM, Respondent, v. DAVID G…

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

Date published: Nov 18, 1997

244 A.D.2d 229 (N.Y. App. Div. 1997)

664 N.Y.S.2d 40

Opinion

November 18, 1997

Appeal from the Supreme Court, New York County (Emily Goodman, J.).

There are no triable issues of fact that preclude summary judgment in favor of plaintiff, either on its complaint or with respect to defendants' counterclaims. Defendants, owners of a condominium unit, which they rent for profit, were not entitled to withhold the payment of common charges and special assessments owing to the Board of Managers because of a water leak within their unit (Frisch v. Bellmarc Mgt., 190 A.D.2d 383). Defendants' counterclaims alleging a breach of contract, a breach of fiduciary duty and tortious interference with a contractual relationship lack any factual support in the record, and therefore, were properly dismissed. We have considered defendants' other contentions and find them to be without merit.

Concur — Sullivan, J. P., Rosenberger, Wallach, Nardelli and Colabella, JJ.