Pershad v. Parkchester South Condominium

OPINION OF THE COURT

Anthony J. Fiorella, Jr., J.

Parkchester South Condominium and Parkchester Management Corp., respondents, move by notice of motion pursuant to CPLR 3211 seeking dismissal of the Housing Part action upon the ground that the court lacks subject matter jurisdiction, and the petition fails to state a cause of action. Motion is denied.

Petitioner commenced the instant proceeding seeking the removal and/or correction of water leaks due to leaky and faulty drainage pipes in the kitchen which has resulted in water damage to the ceilings and walls.

Respondents’ argument for dismissal…