Smith v. Parkchester North Condominium

OPINION OF THE COURT

Anthony J. Fiorella, Jr., J.

Respondent Parkchester North Condominium moves pursuant to CPLR 3212 for an order dismissing the instant Housing Part (HP) action upon the grounds that petitioner has failed to state a cause of action and that the Housing Court lacks subject matter jurisdiction. Motion is denied.

The sole issue before the court in this HP action is whether the respondent Parkchester North Condominium is obligated under law to correct reported violations to the condominium unit currently owned by petitioner. To this issue the court partially responds in the…