Cadlerock Joint Venture v. Khan

*482OPINION OF THE COURT

Janice L. Bowman, J.

Plaintiff, assignee-mortgagee, moves for an order directing that the tenant of a condominium located at 1563 Unionport Road, Unit 4A, Bronx, New York (subject unit), turn over all rents to the plaintiff. The defendant Board of Managers of the Parkchester South Condominium, Inc. (Parkchester), which sets forth the bylaws of the subject unit, opposes the motion. For the reasons set forth, the plaintiffs motion is denied.

Discussion

As an initial matter, it should be noted that neither of the parties requested the court’s permission to serve and file…