Lesal Associates v. Board of Managers of the Downing Court Condominium

Order, Supreme Court, New York County (Marylin Diamond, J.), entered February 3, 2003, which granted plaintiffs motion for summary judgment in part, declaring that defendants may not allocate residential common expenses to plaintiff and are limited to allocating to plaintiff common charges reflecting plaintiffs use of the common elements of the condominium, and denied defendants’ motion for summary judgment on their first and second counterclaims, unanimously affirmed, without costs.

This is a dispute concerning the proper allocation of common charges in a mixed-used condominium. Plaintiff,…