Edgewood Estates Homeowners' Association, Inc. v. Mark IV Construction Co.

—Order unanimously reversed on the law with costs, *985complaint reinstated, motion granted in part and third, fourth, fifth, eighth and ninth affirmative defenses struck. Memorandum: Defendant candidly concedes that the Offering Plan requires it to pay the difference between plaintiff Association’s actual yearly expenses and the charges levied on Association members who have closed on their lots (see, Brookview Homeowners’ Assn. v Mark IV Constr. Co., 178 AD2d 967). Supreme Court, therefore, should not have granted defendant summary judgment dismissing the complaint.

Defendant contends, however,…