Board of Managers of Dickerson Pond Condominium v. Jagwani

—In an action to recover damages for breach of contract and negligence, the defendant appeals from an order of the Supreme Court, Westchester County (Kellman, J.), dated January 19, 2000, which, after a nonjury trial, dismissed his counterclaims.

Ordered that the order is affirmed, without costs or disbursements.

The defendant owned an unfinished condominium unit which was damaged by water leaking from a defective roof. The plaintiffs commenced an action against the defendant for his failure to pay common fees and association dues. In his answer, the defendant asserted two counterclaims…