Board of Mgrs. of Lido Beach Towers Condominium v Gamiel

State: New York

Court: New York Northern District Court

Docket No: 2004 NY Slip Op 50990(U)

Case Date: 09/10/2004

Plaintiff: Board of Mgrs. of Lido Beach Towers Condominium

Defendant: Gamiel

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Decided on September 10, 2004
City Court of Long Beach

C067-2001
Stanley Smolkin, J.
On March 21, 2001, Board of Managers of Lido Beach Towers Condominium (hereinafter "Plaintiff" or "the Board") commenced an action in the Civil Part of this Court against Ruchama Gamiel (hereinafter "Defendant") for prior unpaid assessments and common charges totaling $3,930.00. Defendant owned and occupied apartment 5AA/6AA of said Condominium as a second residence - her primary residence being in Manhattan. Defendant then counterclaimed for damages for breach of contract, nuisance and negligence for an amount in excess of $100,000.00 as a result of a water leakage problem that is alleged to have caused health problems as well as property damage.
Plaintiff then moved to dismiss Defendant's counterclaims based upon the Board's immunity from suit pursuant to the Lido Beach Towers Condominium By-Laws (hereinafter "the By-laws"), or, in the alternative, to dismiss due to the lapsing of the Statute of Limitations pursuant to New York Civil Practice Law and Rules (hereinafter "CPLR")

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