Board of Managers of the 200 West 109 Condominium v. Baker

—Appeal from decision, Supreme Court, New York County (Emily Goodman, J.), dated December 24,1996, deemed to be an appeal from an order and judgment (one paper), same court and Justice, entered February 14, 1997, which, inter alia, granted plaintiffs motion for summary judgment on the first cause of action of the complaint, awarded plaintiff the principal sum of $41,052.08 and granted plaintiff summary judgment dismissing defendants’ counterclaim, and so considered, said order and judgment (one paper), unanimously affirmed, with costs.

There are no triable issues of fact that preclude summary…