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Bd. of Mgrs. of the Washington Condo. v. Silvershore Props. 97 LLC

Defendant Adequately Claims Condo Board Prevented it From Converting Condo

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The following e-filed papers read herein: NYSCEF Doc Nos. Notice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations)             16-21 Upon the foregoing papers in this action to foreclose the ground floor commercial condominium unit at 35 Underhill Avenue in Brooklyn (Condominium Unit) for defendant’s alleged failure to pay common charges, plaintiff, The Board of Managers of the Washington Condominium, on behalf of the unit owners of the Washington Condominium (Condominium Board), moves (in motion sequence [mot. seq.] one) for an order, pursuant to CPLR 3211 (a) (5) and (a) (7), dismissing the counterclaims asserted by defendant Silvershore Properties 97, LLC (SP 97). Background The Complaint On June 25, 2021, the Condominium Board commenced this action by filing a summons, a verified complaint and a notice of pendency against the Condominium Unit. The complaint alleges that SP 97 purchased the Condominium Unit from the Condominium Board for $930,000.00 by a June 16, 2015 contract of sale (Contract of Sale) (complaint at 7). The Contract of Sale was allegedly amended on October 28, 2015, which “established that the total purchase price for the unit was $600,000 (‘Amendment’)[,]” which was “ amended by a side agreement dated October 28, 2015 (the ‘Side Agreement’)” (id. at

8-9). The complaint further alleges that the Condominium Unit was “assigned” to SP 97, pursuant to an October 28, 2015 assignment, and that SP 97 is the “owner” of the Condominium Unit, as reflected in the deed (id. at

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