BOARD OF MGRS. OF HONTO 88 CONDOMINIUM v. RED APPLE CHILD DEV. CTR.

6375 110827/07.

160 A.D.3d 580 (2018)

76 N.Y.S.3d 136

2018 NY Slip Op 02887

Board of Managers of Honto 88 Condominium, Respondent, v. Red Apple Child Development Center, a Chinese School, et al., Appellants, and Xiaoping Fan, Also Known as Joanna Fan, President of Red Apple Child Development Center, et al., Appellants, et al., Defendant. Red Apple Child Development Center, a Chinese School, et al., Appellants, et al., Plaintiff, v. Board of Managers of Honto 88 Condominium et al., Respondents. Board of Managers of Honto 88 Condominium, Respondent, v. Red Apple Child Development Center, a Chinese School, Appellant, and Xiaoping Fan, Also Known as Joanna Fan, President of Red Apple Child Development Center, et al., Appellants, et al., Defendant.

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

Decided April 26, 2018.


Red Apple's first cause of action, for breach of contract, was properly dismissed. The evidence submitted with the summary judgment motion was sufficient to establish, prima facie, that the Board did not breach the condominium's by-laws with respect to a failure to pay for the common electrical charges. The Board concedes that it was responsible for paying those charges, and thus the only relevant issue with respect to this claim is whether the Board in fact paid for them...

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