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Matter of Abbady

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1995
216 A.D.2d 115 (N.Y. App. Div. 1995)

Opinion

June 20, 1995

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).


The warranty of habitability (Real Property Law § 235-b) does not apply to an individual unit within a condominium, and an individual unit owner cannot withhold payment of common charges and assessments in derogation of the condominium's bylaws based on defective conditions in his or her unit or in the common areas, or a disagreement with actions lawfully taken by the Board of Managers ( Frisch v. Bellmarc Mgt., 190 A.D.2d 383, 389). Defendants' arguments at bar run almost exclusively to the merits of their counterclaims, which remain pending in the IAS Court without affecting the obligation to pay common charges ( Residential Bd. of Mgrs. v. Berman, 213 A.D.2d 206).

Concur — Murphy, P.J., Wallach, Ross, Nardelli and Williams, JJ.


Summaries of

Matter of Abbady

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1995
216 A.D.2d 115 (N.Y. App. Div. 1995)
Case details for

Matter of Abbady

Case Details

Full title:In the Matter of ARIEL ABBADY et al., Appellants. MITCHELL MAILMAN, as…

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

Date published: Jun 20, 1995

Citations

216 A.D.2d 115 (N.Y. App. Div. 1995)
629 N.Y.S.2d 6

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