Opinion
June 10, 1998
Appeal from Judgment of Supreme Court, Erie County, Gorski, J. — Summary Judgment.
Present — Lawton, J. P., Hayes, Pigott, Jr., Boehm and Fallon, JJ.
Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff's motions for summary judgment in these foreclosure actions and ordered the sale of the subject properties. Plaintiff established its entitlement to a judgment of foreclosure by submitting proof in admissible form that defendants were delinquent in their payment of homeowners' association assessments due on the property by the terms of the association declaration (see, Lavi v. Hamedani, 234 A.D.2d 428; Chase Lincoln First Bank v. Dietrick, 184 A.D.2d 1032). The defense of defendants that they withheld the assessments due to plaintiff's failure to make necessary repairs to the property is insufficient to defeat the motion (see, Board of Mgrs. of 200 W. 109 Condominium v. Baker, 244 A.D.2d 229; Matter of Abbady [Mailman], 216 A.D.2d 115, 116).
Contrary to the contention of defendants, their pending counterclaims asserted in a related action involving these properties are not "inextricably interwoven" and "inseparable" from the issues raised herein to preclude summary judgment in these actions (Michaelson Assocs. v. Soifer, 182 A.D.2d 503, 504-505; see also, New York Natl. Bank v. Harris, 182 A.D.2d 680, 680-681). Nor did the court abuse its discretion in refusing to stay entry of the judgments of foreclosure and orders of sale pending resolution of the related action (cf., Michaelson Assocs. v. Soifer, supra).