Legal Opinion
In re Abbady
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 1995PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Harold Tompkins, J.), entered September 9,1994, which, inter alia, granted plaintiffs motion for summary judgment in the amount of $86,492.38, representing unpaid condominium common charges, unanimously affirmed, without costs.
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…
2Cases cited2 opinions
- Frisch v. Bellmarc Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Residential Board of Managers v. BermanAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- Edge Management Consulting, Inc. v. BlankAppellate Division of the Supreme Court of the State of New York · 2006
- Board of Managers of Dickerson Pond Condominium I v. JagwaniAppellate Division of the Supreme Court of the State of New York · 1998
- McCarthy v. Board of Managers of Bromley CondominiumAppellate Division of the Supreme Court of the State of New York · 2000
- Campaniello v. Board of ManagersNew York Supreme Court · 2008