Mariaux v. Turtle Bay Towers Corp.

—Order, Supreme Court, New York County (Marilyn Shafer, J.), entered April 15, 2002, which, to the extent appealed from as limited by the brief, denied plaintiffs’ motion for summary judgment on their first and fourth causes of action, and granted defendants’ cross motion for partial summary judgment dismissing the first cause of action, unanimously modified, on the law, to declare in defendants’ favor that the disputed assessments were properly imposed to the extent challenged, and otherwise affirmed, without costs.

Plaintiffs were assessed in their capacity as shareholders in defendant…