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THE PARK UNION CONDOMINIUM v. 910 UNION STREET, LLC

1644, 650291/15.

140 A.D.3d 673 (2016)

33 N.Y.S.3d 733

2016 NY Slip Op 05243

THE PARK UNION CONDOMINIUM et al., Appellants, v. 910 UNION STREET, LLC, Respondent.

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

Decided June 30, 2016.

Plaintiffs, a condominium and its board of managers, established that the parties' settlement agreement, covering claims related to defendant's construction of the condominium, constituted "an instrument for the payment of money only" (CPLR 3213) and that defendant defaulted by failing to make payment under its terms (see Tongkook Am. v Bates, 295 A.D.2d 202 [1st Dept 2002]). In opposition, defendant failed to raise a triable issue...

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