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HONTO 88 CONDOMINIUMS, INC. v. RED APPLE CHILD DEVELOPMENT CENTER

0110827/2007, Mtn Seq. 001

2008 NY Slip Op 32259 (U)

HONTO 88 CONDOMINIUMS, INC., Plaintiff, v. RED APPLE CHILD DEVELOPMENT CENTER, A CHINESE SCHOOL, BANK OF CHINA, NEW YORK BRANCH, XIAOPING FAN PRESIDENT OF RED APPLE CHILD DEVELOPMENT CENTER, A CHINESE SCHOOL AND INDIVIDUALLY, ZIMING SHEN AS TRUSTEE OF RED APPLE CHILD DEVELOPMENT, A CHINESE SCHOOL, AND INDIVIDUALLY, Defendant.

Supreme Court of the State of New York, New York County.

July 31, 2008.

Judge: WALTER B. TOLUB

This is a motion made by the Plaintiff to enjoin the Defendants from; (1) withholding common charges; (2) renovating any common areas; (3) selling any of the units; and (4)causing any hazardous conditions. Defendants cross-move for summary judgment dismissing the Complaint pursuant to CPLR 3212.

Facts

Defendant, Red Apple Child Development Center, A Chinese School ("Red Apple"), is the owner of twenty two condominium units...

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