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NICOSIA v. THE BOARD OF MANAGERS OF THE WEBER HOUSE CONDOMINIUM

1265, 104193/08.

77 A.D.3d 455 (2010)

909 N.Y.S.2d 412

DONALDO NICOSIA, Appellant, v. THE BOARD OF MANAGERS OF THE WEBER HOUSE CONDOMINIUM et al., Respondents, et al., Defendant.

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

Decided October 14, 2010.

The court based its grant of defendants' motions to dismiss on its finding that plaintiff had waived his right to bring any claims arising out of his contract with defendant Axminster to purchase the condominium unit. In doing so, the court improperly made a factual determination that defendant Board's exercise of its right of first refusal was valid (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). Accordingly, we modify to...

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