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DAVIS v. PRESTIGE MGMT. INC.

8116, 301600/10.

98 A.D.3d 909 (2012)

951 N.Y.S.2d 147

2012 NY Slip Op 6374

KEVIN B. DAVIS, Respondent, v. PRESTIGE MANAGEMENT INC., Appellant.

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

September 27, 2012.

Plaintiff, who owns a unit at the Faile Condominium, lacks standing to sue individually for injury to the common elements or finances (see e.g. Leonard v Gateway II, LLC, 68 A.D.3d 408, 410 [1st Dept 2009]; Caprer v Nussbaum, 36 A.D.3d 176, 186, 190, 192, 204-205 [2d Dept 2006]). Accordingly, the complaint should be dismissed to the extent plaintiff...

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