Collins v. Hayden on the Hudson Condominium

Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about February 3, 1993, which, insofar as appealed from, directed defendant Condominium to repair the conceded common elements of plaintiffs’ townhouse, and struck defendant Schilian’s answer unless he appeared for a deposition within 90 days, unanimously affirmed, without costs.

Inasmuch as defendant Condominium’s by-laws require the Board to maintain common elements, the preliminary conference order on appeal, which merely directs the Condominium to restore the conceded common elements of plaintiffs’ townhouse, does no more…