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Berkowners, Inc. v. Dime Savings Bank of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 561 (N.Y. App. Div. 2000)

Opinion

Submitted March 13, 2000.

April 20, 2000.

In an action, inter alia, to recover outstanding maintenance arrears with respect to a cooperative apartment, the defendant appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated October 1, 1998, which granted that branch of the plaintiff's motion which was for partial summary judgment to recover maintenance obligations incurred on or after June 21, 199 3, and denied that branch of the motion which was to recover maintenance obligations incurred before June 21, 1993.

Barry A. Kamen, P.C., Stony Brook, N.Y., for appellant.

Hartman Craven, LLP, New York, N.Y. (Thomas V. Juneau, Jr., and Edward L. Schiff of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the appeal from so much of the order as denied that branch of the plaintiff's motion which was for summary judgment to recover maintenance obligations incurred prior to June 21, 1993, is dismissed, as the defendant is not aggrieved by that portion of the order (see, CPLR 5511); and it is further,

ORDERED that the order is affirmed insofar as reviewed; and it is further,

ORDERED that the plaintiff is awarded one bill of costs.

Contrary to the appellant's contention, the Supreme Court properly concluded, under the facts of this case, that an implied contract exists for the payment of maintenance assessed on the cooperative unit on and after June 21, 1993, the date of the foreclosure sale (see, Celtic Park Owners v. Columbia Fed. Sav. Bank, 258 A.D.2d 551 ;House v. Lalor, 119 Misc.2d 193 ; see also, Seaview Assn. v. Williams, 69 N.Y.2d 987 ).

The appellant's remaining contention is without merit.


Summaries of

Berkowners, Inc. v. Dime Savings Bank of N.Y

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 2000
271 A.D.2d 561 (N.Y. App. Div. 2000)
Case details for

Berkowners, Inc. v. Dime Savings Bank of N.Y

Case Details

Full title:Berkowners, Inc., respondent, v. Dime Savings Bank of New York, FSB…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 20, 2000

Citations

271 A.D.2d 561 (N.Y. App. Div. 2000)
707 N.Y.S.2d 845