Granada Condominium I v. Morris

In Granada Condominium I v. Morris (225 AD2d 520 [2d Dept 1996]) the defendant unit owner informed the plaintiff condominium board of damage to her unit caused by water leakage. The plaintiff and the defendant entered into an agreement, whereby the defendant would have her monthly common charge payments held in escrow until the matter was remedied. Certain repairs were eventually made, and the plaintiff commenced this action to recover unpaid common charges. The defendant asserted a counterclaim for an offset of damages to her unit. The trial court granted judgment in favor of the plaintiff and awarded the defendant an offset of damages to her unit. (Granada at 521) Granada only reviews the damages awarded to the plaintiff condominium board. The issue on appeal was whether the trial court's decision, after a non-jury trial, to "award the defendant an offset of $ 12,200 for repairs to her two bathrooms was a fair interpretation of the evidence and in accord with the plaintiff's Offering Plan" (id. at 521).