Collins v. Hayden on the Hudson Condominium

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

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

Date published: Mar 10, 1992

181 A.D.2d 479 (N.Y. App. Div. 1992)

580 N.Y.S.2d 355

Opinion

March 10, 1992

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

The plaintiffs instituted this action against the Board of Managers of their condominium to recover damages for failure to restore their condominium unit which was damaged by fire. We agree with the Supreme Court's determination denying the plaintiffs' motion for partial summary judgment since a full trial is necessary to determine which elements of the condominium are the responsibility of the plaintiffs and of the Board to repair.

Concur — Rosenberger, J.P., Ellerin, Wallach, Smith and Rubin, JJ.