ANTHONY J. GORDON, Plaintiff-Appellant-res, v. BOARD OF MANAGERS OF THE 18 EAST 12TH STREET CONDOMINIUM Defendants-res-ap, 16-20 REALTY ASSOCIATES L.P. def

9025. ANTHONY J. GORDON, Plaintiff-Appellant-res, v. BOARD OF MANAGERS OF THE 18 EAST 12TH STREET CONDOMINIUM Defendants-res-ap, 16-20 REALTY ASSOCIATES L.P. def — Rosenberg & Estis, P.C., New York (Jeffrey Turkel of counsel), for appellant-res — Wolf Haldenstein Adler Freeman & Herz LLP, New York (Christopher Cobb of counsel), for Board of Managers of the 18 East 12th Street Condominium and Key Real Estate Associates, LLC, respondents-ap — Bonner Kiernan Trebach & Crociata LLP, New York (Alexander H. Gillespie of counsel), for Sweet Construction Corp., resres Order, Supreme Court, New York County (Salliann Scarpulla, J.), entered April 18, 2012, which, inter alia, denied plaintiff's cross motion for partial summary judgment and upon a search of the record granted summary judgment dismissing his first and second causes of action, denied as moot his motion to quash non-party subpoenas, denied defendant Board of Manager's and Key Real estate's motion for summary judgment on their counterclaim and denied defendant Sweet Construction's motion for summary judgment dismissing plaintiff's claim against it as untimely, unanimously affirmed, without costs.

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9025. ANTHONY J. GORDON, Plaintiff-Appellant-res, v. BOARD OF MANAGERS OF THE 18 EAST 12TH STREET CONDOMINIUM Defendants-res-ap, 16-20 REALTY ASSOCIATES L.P. def — Rosenberg & Estis, P.C., New York (Jeffrey Turkel of counsel), for appellant-res — Wolf Haldenstein Adler Freeman & Herz LLP, New York (Christopher Cobb of counsel), for Board of Managers of the 18 East 12th Street Condominium and Key Real Estate Associates, LLC, respondents-ap — Bonner Kiernan Trebach & Crociata LLP, New York (Alexander H. Gillespie of counsel), for Sweet Construction Corp., resres Order, Supreme Court, New York County (Salliann Scarpulla, J.), entered April 18, 2012, which, inter alia, denied plaintiff’s cross motion for partial summary judgment and upon a search of the record granted summary judgment dismissing his first and second causes of action, denied as moot his motion to quash non-party subpoenas, denied defendant Board of Manager’s and Key Real estate’s motion for summary judgment on their counterclaim and denied defendant Sweet Construction’s motion for summary judgment dismissing plaintiff’s claim against it as untimely, unanimously affirmed, without costs.

In this action by plaintiff condominium owner to recover damages for repairs made to a concrete slab in the ceiling above his condominium unit after a portion of the slab collapsed while he was having alteration work performed to the unit, the motion court properly determined that plaintiff is liable for the cost of the repairs made to the entire slab because he voluntarily assumed the obligation to make the repairs, seeking approval for the work repairing the entire structural slab almost immediately after part of it collapsed and waiting a lengthy period of time before requesting reimbursement.

ANTHONY J. GORDON, Plaintiff-Appellant-res, v. BOARD OF MANAGERS OF THE 18 EAST 12TH STREET CONDOMINIUM Defendants-res-ap, 16-20 REALTY ASSOCIATES L.P. def

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