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REGINI v. BOARD OF MANAGERS OF LOFT SPACE CONDOMINIUM

10346, 112994/11.

107 A.D.3d 496 (2013)

968 N.Y.S.2d 18

2013 NY Slip Op 4427

FRANCESCO REGINI, Respondent, v. BOARD OF MANAGERS OF LOFT SPACE CONDOMINIUM, Defendant, and SDS LEONARD LLC, Appellant.

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

Decided June 13, 2013.

Plaintiff alleges that his condominium unit was damaged by leaks from the building's common elements. In moving to dismiss the complaint as against it, SDS tendered a copy of what it represents is the management agreement between defendant Board of Managers of Loft Space Condominium and nonparty Certified Management LLC to disprove plaintiff's claim that it is the building's managing agent. However, the management agreement tendered by SDS is undated and specifies no term...

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