Condo Unit Owner Failed to Claim Landlord-Tenant Relationship with Board

October 10, 2013

LVT Number: #25069

A condominium board brought a foreclosure action against a unit owner, seeking to recover common charges and fees owed. The court denied the board's request to rule in its favor without a trial. The board appealed and won. The board showed that it was entitled to judgment on the issue of liability. The unit owner failed to claim that there was a landlord-tenant relationship and his abandonment of the apartment barred a defense based on constructive eviction. The unit owner wasn't assessed an overpayment of common charges.

A condominium board brought a foreclosure action against a unit owner, seeking to recover common charges and fees owed. The court denied the board's request to rule in its favor without a trial. The board appealed and won. The board showed that it was entitled to judgment on the issue of liability. The unit owner failed to claim that there was a landlord-tenant relationship and his abandonment of the apartment barred a defense based on constructive eviction. The unit owner wasn't assessed an overpayment of common charges.

Board of Managers of Brightwater Towers Condominium v. Cheskiy: 2013 NY Slip Op 05978, 2013 WL 5340173 (App. Div. 2 Dept.; 9/25/13; Mastro, JP, Hall, Lott, Sgroi, JJ)

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