Bd. of Managers of the Warren House Condo. v. 34TH St. Assocs. LLC

• Decision Date: 12 October 2017
• Citation: 61 N.Y.S.3d 480 (Mem),154 A.D.3d 475
• Parties: The BOARD OF MANAGERS OF THE WARREN HOUSE CONDOMINIUM, etc., Plaintiff–Respondent–Appellant, v. 34TH STREET ASSOCIATES LLC, et al., Defendants–Appellants–Respondents.
• Court: New York Supreme Court — Appellate Division

154 A.D.3d 475

61 N.Y.S.3d 480 (Mem)

The BOARD OF MANAGERS OF THE WARREN HOUSE CONDOMINIUM, etc., Plaintiff–Respondent–Appellant,

v.34TH STREET ASSOCIATES LLC, et al., Defendants–Appellants–Respondents.

Supreme Court, Appellate Division, First Department, New York.

Oct. 12, 2017.

Goldberg Weprin Finkel Goldstein LLP, New York (Matthew Hearle of counsel), for appellants-respondents.

Braverman Greenspun, P.C., New York (Tracy Peterson of counsel), for respondent-appellant.

Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 18, 2015, which denied defendants' motion for summary judgment and plaintiff's motion for partial summary judgment, unanimously affirmed, without costs.

Issues of fact exist as to whether defendants' ownership of more than 10% of the condominium units has rendered the condominium unviable. In particular, plaintiff submitted evidence indicating that such ownership by defendants has made lenders unwilling to provide financing or mortgages secured by the condo units, and that defendants' rental tenants have caused increased wear and tear on the building's common areas (see 511 W. 232nd Owners Corp. v. Jennifer Realty Co., 98 N.Y.2d 144, 152–153, 746 N.Y.S.2d 131, 773 N.E.2d 496 [2002] ; West Gate House, Inc. v. 860–870 Realty LLC, 7 A.D.3d 412, 776 N.Y.S.2d 482 [1st Dept.2004] ).

ACOSTA, P.J., RENWICK, WEBBER, OING, MOULTON JJ., concur.