KAYMAKCIAN v. BOARD OF MANAGERS OF THE CHARLES HOUSE CONDOMINIUM


49 A.D.3d 407 (2008)

854 N.Y.S.2d 52

ELEONORE KAYMAKCIAN et al., Appellants, v. BOARD OF MANAGERS OF THE CHARLES HOUSE CONDOMINIUM et al., Respondents, et al., Defendants.

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

Decided March 18, 2008.


Dismissal of the breach of fiduciary duty claim as time-barred was improper where, pursuant to the condominiums' bylaws, respondents had a continuing duty to repair the building's limited common elements, including the terrace of the apartment directly above plaintiffs, which was the source of the subject recurring leaks. Respondents' failure to do so, despite being repeatedly notified by plaintiffs, constituted a continuing wrong that "is not referable exclusively to the...

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