Collins v. Hayden on the Hudson Condominium
Decision Date | 28 October 1993 |
Citation | 197 A.D.2d 482,602 N.Y.S.2d 867 |
Parties | Fred COLLINS, et al., Plaintiffs-Respondents, v. HAYDEN ON THE HUDSON CONDOMINIUM, etc., et al., Defendants-Appellants. |
Court | New York Supreme Court — Appellate Division |
Before MURPHY, P.J., and KUPFERMAN, ROSS and RUBIN, JJ.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about February 3, 1993, which, insofar as appealed from, directed defendant Condominium to repair the conceded common elements of plaintiffs' townhouse, and struck defendant Schilian's answer unless he appeared for a deposition within 90 days, unanimously affirmed, without costs.
Inasmuch as defendant Condominium's by-laws require the Board to maintain common elements, the preliminary conference order on appeal, which merely directs the Condominium to restore the conceded common elements of plaintiffs' townhouse, does no more than require defendants to do that which they concede they must do. It does not require the Condominium to repair items disputably not common elements and which may not be the Condominium's responsibility. Nor was it an abuse of discretion to conditionally strike individual defendant Schilian's answer, there being no showing of any good faith attempt by him or his counsel to have him appear for the court-ordered deposition (see, Montgomery v. Colorado, 179 A.D.2d 401, 577 N.Y.S.2d 851).
Motion by respondents to strike portions of appellants' brief is denied.
To continue reading
Request your trial-
Huard v. Henry
...areas, an injunction may be necessary to ensure future compliance. 2008 WL 2781189, at *3; see also Collins v. Hayden on the Hudson Condo., 197 A.D.2d 482, 602 N.Y.S.2d 867, 868 (1993) (mem.) (granting injunction in favor of condominium owner to compel board to repair common Agassiz W. Cond......
-
Agassiz West Condominium Ass'n v. Solum
...350 N.W.2d at 823; Rivers Edge Condo. Association v. Rere, Inc., 568 A.2d at 263-264. See Collins v. Hayden on the Hudson Condominium, 197 A.D.2d 482, 602 N.Y.S.2d 867, 868 (N.Y.App.Div.1993). Courts have also allowed unit owners to sue a condominium association for personal injuries sustai......
-
Collins v. Hayden on the Hudson Condominium
...repair items disputably not common elements and which may not be the Condominium's responsibility" (Collins v. Hayden on the Hudson Condominium, 197 A.D.2d 482, 482-483, 602 N.Y.S.2d 867 [emphasis in original]. The record on the instant appeal now makes clear that, contrary to the impressio......
-
Flores v. Bueno
...N.Y.S.2d 14; see also, Periphery Loungewear v. Kantron Roofing Corp., 214 A.D.2d 438, 625 N.Y.S.2d 43; Collins v. Hayden on the Hudson Condominium, 197 A.D.2d 482, 602 N.Y.S.2d 867; Reitte v. Entermy Cab Corp., 162 A.D.2d 259, 556 N.Y.S.2d ...