BD. OF MANAGERS OF THE RESIDENTIAL SECTION OF THE VANDERBILT CONDO. v. ZWW VANDERBILT ASSOCS.


225 A.D.2d 409 (1996)

640 N.Y.S.2d 748

Board of Managers of the Residential Section of the Vanderbilt Condominium, Respondent, v. ZWW Vanderbilt Associates et al., Appellants

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

March 19, 1996


Giving the complaint every favorable intendment (Underpinning & Found. Constructors v Chase Manhattan Bank, 46 N.Y.2d 459, 462), there are at the very least questions of fact as to whether or not the parties' tolling agreement applies to this dispute, whether the release given by plaintiff to defendant covers this dispute, whether all of the alleged fraudulent acts were committed more than six years prior to the tolling agreement...

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