Terk v. 40059 Owners Corp.

OPINION OF THE COURT

Order entered September 25, 2000 modified by denying plaintiffs cross motion for summary judgment on the fifth cause of action; as modified, order affirmed, without costs.

Plaintiff seeks to recoup amounts previously assessed by defendant cooperative representing construction costs incurred by defendant on plaintiffs behalf for repairs to the penthouse apartment and a separate “tool room” space owned by plaintiff. Plaintiff asserts that these costs were actually attributable to repair of the building’s roof and water tower, and were not properly assessed solely against him.…