Haberman v. 257 Central Park West, Inc.

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered November 5, 2001, which denied plaintiff’s motion for a Yellowstone injunction, granted the cross motion of defendant for summary judgment dismissing the complaint and for summary judgment on its counterclaim, and directed an assessment of attorney fees, unanimously modified, on the law, to declare that defendant validly imposed the disputed assessment and that plaintiff’s failure to pay the assessment constituted a default under the terms of the proprietary lease, and otherwise affirmed, without costs.

Summary judgment…