Board of Managers of One Strivers Row Condominium v. Hafeez Giwa
Supreme Court of the State of New York, Appellate Term, First Department, December 15, 2015
Plaintiff, a residential Board of Managers (the “Board”) of a condominium commenced this action against a unit owner (the “Defendant”) to foreclosure on a common charge lien. Plaintiff moved for summary judgement and prior to the court’s determination of the motion Defendant paid all outstanding common charges, but refused to pay the accrued late fees or attorneys’ fees. The Board continued to prosecute its foreclosure action to recover the late fees and attorneys’ fees and the matter was referred to a Special Referee to determine the amount owed to Plaintiff. The Special Referee awarded Plaintiff $42,037.32 for late fees and attorneys’ fees, the lower court granted Plaintiff’s motion to confirm the award and Defendant appealed. In affirming the lower court’s decision, the Appellate Division, held that payment of the common charges “effectively amounted to an admission that he owed the amounts sought,” and the amount of late fees and attorneys’ fees awarded was supported by the record and was not unreasonable.