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Andy Theodosiou and Dennis P. Kisyk, Jr. Obtained Dismissal of the Complaint Against Condo with a Non-Paying Unit Owners

Andy Theodosiou and Dennis P. Kisyk, Jr. obtained dismissal of Complaint and denial of cross-motion to amend the Complaint in a case where the owner of a commercial unit in an Upper West Side condominium sued the Condominium for allegedly interfering with its business by limiting its access to non-essential common elements, despite the fact that the commercial unit owner had not paid its mortgage or common charges in nearly a decade. The Court found that the Condominium governing documents gave the unit owner an obligation to pay common charges and that its failure to do so discharged the Condominium’s obligation to perform under the Declaration and By-Laws.

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