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WHITEHALL TENANTS CORP. v. ESTATE OF OLNICK

213 A.D.2d 200 (1995)

623 N.Y.S.2d 585

Whitehall Tenants Corp., Appellant, v. Estate of Robert S. Olnick, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 9, 1995

Plaintiff cooperative's attempt to sue representatively on behalf of its resident shareholders, claiming that they were defrauded by defendant sponsor, was properly rejected. While CPC Intl. v McKesson Corp. (70 N.Y.2d 268), holding that there is no private right of action under the Martin Act, does not foreclose a cause of action for common-law fraud (see, Break-waters Townhomes Assn. v Breakwaters of Buffalo,

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