Mill Pond Condominium v. Landau

Full title: MILL POND CONDOMINIUM, Respondent, v. SANDOR LANDAU et al., Appellants

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

Date published: Jun 12, 1995

216 A.D.2d 372 (N.Y. App. Div. 1995)

628 N.Y.S.2d 530

Opinion

June 12, 1995

Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court's conclusion that the plaintiff demonstrated its entitlement to judgment as a matter of law on the issue of liability. Pursuant to the declaration establishing the condominium, the defendants' liability was established. At the trial, the defendants will have the opportunity to litigate their proportionate shares of liability based upon, inter alia, their respective use and occupancy of the common areas affected. Mangano, P.J., Rosenblatt, Miller and Ritter, JJ., concur.