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BOARD OF MGRS. OF VAN WYCK GLEN CONDOMINIUM v. VAN WYCK AT MERRITT PARK HOMEOWNERS ASSN., INC.

2021-00411. Index No. 50017/17.

211 A.D.3d 786 (2022)

181 N.Y.S.3d 114

2022 NY Slip Op 07044

Board of Managers of Van Wyck Glen Condominium et al., Respondents, v. Van Wyck at Merritt Park Homeowners Association, Inc., et al., Appellants (And a Third-Party Action.).

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

Decided December 14, 2022.

Attorney(s) appearing for the Case

Braverman Greenspun, P.C., New York, NY (Jon Kolbrener and Kelly Ringston of counsel), for appellants.

Handel & Carlini, LLP, Poughkeepsie, NY (Anthony C. Carlini, Jr., of counsel), for respondents.

Brathwaite Nelson, J.P., Iannacci, Christopher and Warhit, JJ., concur.

In an action, inter alia, for declaratory relief, the defendants appeal from an order of the Supreme Court, Dutchess County (Christi J. Acker, J.), dated January 8, 2021. The order, insofar as appealed from, denied those branches of the defendants' motion which were pursuant to CPLR 3211(a) or, in the alternative, for summary judgment dismissing the first cause of action and the second cause of action insofar as asserted against the defendants Anthony Costa and Dick Hack...

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