Court Denies Judgment to Co-Op Management but Orders Unit Owner to Pay Back Fees

NEW YORK - A New York judge ruled on March 9 that the issue of notice precludes summary judgment for the owner and manager of a cooperative apartment building, but she ordered the plaintiff to pay more than $18,000 in back maintenance fees and to continue to pay monthly fees while the case goes forward. Kelly v. Orsid Realty Corp., et al., No. 104933/03 (N.Y. Sup., N.Y. Cty.).

Ruling on defendants' motion for summary judgment, New York Supreme Court Justice Shirley Werner Kornreich concluded that plaintiff Louise M.A. Kelly had raised sufficient evidence that 2 Beekman Place Owners' Corp. and …