XENOPOULOS v. BD. OF MANAGERS OF THE 150 EAST 56TH ST. CONDO.


221 A.D.2d 257 (1995)

633 N.Y.S.2d 790

Kleanthi Xenopoulos, Appellant, v. Board of Managers of the 150 East 56th Street Condominium et al., Defendants, and Helmsley-Spear Conversion Sales Corporation et al., Respondents

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

November 28, 1995


The trial court properly granted defendants' motion to dismiss at the conclusion of plaintiff's case since plaintiff failed to establish a prima facie case of either fraud or breach of contract (see, Rhabb v New York City Hous. Auth., 41 N.Y.2d 200, 202). The use of the unit purchased by plaintiff is governed by the condominium offering plan which specifically permitted only residential or professional office use. Plaintiff...

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