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Real Property Law
Lot Owner Lacks Standing to Compel Payment of Assessments
BPS Lot 3, LLC v. Northwest Bay Partners, Ltd. NYLJ 11/26/18, p. 17, col. 3 Supreme Ct, Warren Cty. (Muller, J.)
In two actions by lot owner in a common interest community, one to foreclose a lien for unpaid assessments and the other to recover a money judgment for the amount of those assessments, the delinquent lot owner moved for summary judgment. The court granted the motion with respect to the action for a money judgment, concluding that the plaintiff lot owner lacked standing, but denied the motion with respect to the action to foreclose a lien, holding that question of fact precluded the grant of summary judgment.
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