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BOARD OF MANAGERS OF THE TOWERS ON THE PARK CONDOMINIUM, plf-res v. JOSEFINA CRUZ, def-app

15-255. BOARD OF MANAGERS OF THE TOWERS ON THE PARK CONDOMINIUM, plf-res v. JOSEFINA CRUZ, def-app — Order (Lynn R. Kotler, J.), entered December 24, 2014, affirmed, without costs.

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15-255. BOARD OF MANAGERS OF THE TOWERS ON THE PARK CONDOMINIUM, plf-res v. JOSEFINA CRUZ, def-app — Order (Lynn R. Kotler, J.), entered December 24, 2014, affirmed, without costs.

Civil Court correctly determined that defendant, the owner of a condominium unit, is obligated to pay the common charges and special assessments sought herein by plaintiff, and properly granted plaintiff’s motion for summary judgment. Defendant was not entitled to withhold payment in derogation of the condominium’s bylaws based on any defective conditions in her unit or in the common areas (see Board of Mgrs. of 200 W. 109 Condominium v. Baker, 244 AD2d 229 [1997]; Frisch v. Bellmarc Mgt., 190 AD2d 383, 389 [1993]). Defendant was also required to pay plaintiff’s legal fees pursuant to Article IX, section 2, of the bylaws. No triable issue of fact was raised by defendant either with respect to the complaint or the counterclaims. The counterclaims seeking declaratory relief were not within the court’s subject matter jurisdiction and therefore, were properly dismissed (see Lex 33 Assoc. v. Grasso, 283 AD2d 272 [2001]). We have considered defendant’s other contentions and find them to be without merit.

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