Katz v Board of Mgrs., One Union Sq. E. Condominium, NY, N.Y. (2009 NY Slip Op
52477(U))
[*1]
Katz v Board of Mgrs., One Union Sq. E. Condominium, NY,
N.Y.
2009 NY Slip Op 52477(U) [25 Misc 3d 1238(A)]
Decided on November 6, 2009
Supreme Court, New York County
Gische, J.
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be
published in the printed Official Reports.
Decided on November 6, 2009
Supreme Court, New York County
Laurie Katz, Plaintiff,
against
Board of Managers, One Union Square East Condominium, New
York, New York, AMERICAN INSURANCE COMPANY, Defendant.
003/004
Appearances are:
Plaintiff: Kenneth J. Glassman, 475 PARK AVENUE SOUTH-STE. 700, NEW
YORK, NEW YORK 10016
Defendant: Smith Mazure Director & Wilkin, 111 JOHN STREET - 20TH FLOOR,
NEW YORK, NEW YORK 10038
Judith J. Gische, J.
This action arises from property damage caused to a condominium unit.
Plaintiff and defendant Board of Managers, One Union Square East Condominium, New York,
New York, each separately move for summary judgment.[FN1] CPLR § 3212.
Since issue has been joined, and the motions were made within the time provided under the
CPLR, summary judgment relief may be considered by the court. CPLR § 3212; Brill v. City of New York, 2 NY3d
648 (2004).
The following facts are undisputed. Plaintiff is the owner of a condominium unit Park 15A/B
(the "unit") located in the building known as One Union Square East Condominium, New York,
New York. The defendant is the Board of Mangers of the condominium.
On October 6, 2003, an electrical fire occurred at the unit, through no fault of the plaintiff or
defendant. The damage that resulted therefrom was declared a "total loss" by both plaintiff and