Opinion
2016-05347 Index No. 16436/09
04-10-2019
Clifford WILLIAMS, respondent, v. LEISURE KNOLL ASSOCIATION, INC., appellant.
Vincent D. McNamara, East Norwich, N.Y. (Helen M. Benzie of counsel), for appellant.
Vincent D. McNamara, East Norwich, N.Y. (Helen M. Benzie of counsel), for appellant.
WILLIAM F. MASTRO, J.P., HECTOR D. LASALLE, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDERORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
In this action, the plaintiff, who owns residential property that is regulated by the defendant, a homeowners association, challenges the defendant's authority, inter alia, to impose a lien against his property to secure payment of unpaid fines. Contrary to the defendant's contention, the plaintiff demonstrated his prima facie entitlement to judgment as a matter of law on this issue by submitting the subject by-laws and declaration of covenants, which established that the defendant was not authorized to impose a lien based upon unpaid fines (see Walker v. Windsor Ct. Homeowners Assn. , 35 A.D.3d 725, 726–727, 827 N.Y.S.2d 214 ). In opposition, the defendant failed to raise a triable issue of fact. Accordingly, we agree with the Supreme Court's determination to grant that branch of the plaintiff's motion which was for summary judgment determining that the defendant did not have the authority to impose the subject lien against the plaintiff's property.
The defendant's remaining contention is without merit.
MASTRO, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.