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PESOCHINSKY v. 77 BLEECKER ST. CORP.

250 A.D.2d 494 (1998)

672 N.Y.S.2d 879

Semyon Pesochinsky, Appellant, v. 77 Bleecker Street Corp., Respondent

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

May 21, 1998

The action was properly dismissed in the absence of any dispute that plaintiff had not complied with the terms of sale relating to his application for and approval by defendant's Board as a purchaser of the apartment. Plaintiff is not a shareholder of defendant and it owed him no fiduciary duty (compare, Ackerman v 305 E. 40th Owners Corp., 189 A.D.2d 665). He freely participated...

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