This decision involved the adequacy of a reserve fund which had been established by the defendant sponsor of a condominium conversion (sponsor). The sponsor had moved for a partial summary judgment determining that it had “properly calculated the reserve fund for the condominium” and for an order dismissing the plaintiff’s claim that the reserve fund was underfunded. The plaintiff board of managers (board) had moved for summary judgment declaring that the sponsor had failed to adequately fund the reserve fund and declaring that “certain credits taken by the defendant be disallowed.”

New York City Admin. Code (Code) Section 26-703 provides that “when a rental building is converted to a condominium the Sponsor is to adequately create a minimum reserve for the condominium.” The reserve fund is to be three percent of the total price “offered to tenants up to the effective date of the condominium offering plan (plan).”

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