Collins v. Hayden on the Hudson Condominium

Full title: FRED COLLINS et al., Respondents, v. HAYDEN ON THE HUDSON CONDOMINIUM et…

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

Date published: Oct 28, 1993

197 A.D.2d 482 (N.Y. App. Div. 1993)

602 N.Y.S.2d 867

Opinion

October 28, 1993

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).

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).

Concur — Murphy, P.J., Kupferman, Ross and Rubin, JJ.