| Forest Hills Gardens Corp. v Kamparosyan |
| 2009 NY Slip Op 05086 [63 AD3d 879] |
| June 16, 2009 |
| Appellate Division, Second Department |
| Forest Hills Gardens Corporation, Respondent, v NicholasAram Kamparosyan, Appellant. |
—[*1] Guararra & Zaitz, New York, N.Y. (Michael J. Guararra of counsel), forrespondent.
In an action, inter alia, to recover unpaid maintenance charges, the defendant appeals, aslimited by his brief, from so much of an order of the Supreme Court, Queens County (Kelly, J.),dated April 1, 2008, as granted that branch of the plaintiff's motion which was for summaryjudgment on the first, second, third, and fourth causes of action to the extent that they sought torecover unpaid annual maintenance charges beginning in 2001.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff established that the defendant's decedent was liable, on the basis of an impliedcontract, for unpaid annual maintenance charges for the year 2001 and onward (see SeaviewAssn. of Fire Is. v Williams, 69 NY2d 987, 989 [1987]; Douglas Manor Assn. vAlimaras, 215 AD2d 522, 523 [1995]; Douglas Manor Assn. v Popovich, 167 AD2d499, 500 [1990]; Fieldston Prop. Owners Assn. v Decorative Trends, 83 Misc 2d 685,686 [1975], affd 56 AD2d 525 [1977]; cf. CPLR 213 [2]; 542 Holding Corp.v Prince Fashions, Inc., 46 AD3d 309, 310-311 [2007]; Moors v Hall, 143 AD2d336, 339-340 [1988]). In opposition, the defendant failed to raise a triable issue of fact as to hisdecedent's liability for unpaid maintenance charges for those years. Accordingly, the SupremeCourt properly granted that branch of the plaintiff's motion which was for summary judgment onthe first, second, third, and fourth causes of action to the extent that they sought to recoverunpaid annual maintenance charges beginning in 2001.
The defendant's remaining contentions either are without merit, refer to matter dehors therecord, or have been rendered academic in light of our determination. Fisher, J.P., Dillon,Covello and Dickerson, JJ., concur.