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KERUSA CO. v. W10Z/515

12 N.Y.3d 236 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

KERUSA CO. LLC, Respondent, v. W10Z/515 REAL ESTATE LIMITED PARTNERSHIP et al., Appellants.

Court of Appeals of the State of New York.

Decided April 2, 2009.

Attorney(s) appearing for the Case

Landman Corsi Ballaine & Ford P.C., New York City (William G. Ballaine, James E. Davies and Jennifer A. Coughlin of counsel), for appellants.

Gibson, Dunn & Crutcher LLP, New York City (Robert L. Weigel, Jennifer H. Rearden, Alison L. Wollin and Anne M. Coyle of counsel), for respondent.

Kramer Levin Naftalis & Frankel LLP, New York City (Charlotte Moses Fischman and Jay A. Neveloff of counsel), for Real Estate Board of New York, amicus curiae.

Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

READ, J.

This appeal involves a lawsuit seeking damages for common-law fraud as a result of alleged construction and design defects in a 42-story, 39-unit luxury condominium building located at the corner of Park Avenue and 60th Street in New York City, having 515 Park Avenue as its address. For the reasons that follow, we hold that a purchaser of a condominium apartment may not bring...

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