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CAROL v. MADISON PLAZA ASSOCIATES, LLC

Nos. 7772, 7773, 110992/10.

95 A.D.3d 735 (2012)

945 N.Y.S.2d 261

2012 NY Slip Op 4098

VIOLA CAROL, Respondent, v. MADISON PLAZA ASSOCIATES, LLC, Defendant, and BOARD OF DIRECTORS OF MADISON PLAZA APARTMENT CORP., Appellant. VIOLA CAROL, Respondent, v. MADISON PLAZA ASSOCIATES, LLC, Appellant, and BOARD OF DIRECTORS OF MADISON PLAZA APARTMENT CORP., Respondent.

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

Decided May 29, 2012.

The breach of contract and reformation claims should have been dismissed as against the Board, since it was defendant Madison Plaza, the sponsor of the cooperative, not the Board, that entered into the purchase agreement with plaintiff, and Madison Plaza that was responsible for the complained-of amendments to the offering plan (see Noise In The Attic Prods., Inc. v London Records, 10 A.D.3d 303, 307 [2004]). None of the allegations...

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