HIXON v. 12-14 E. 64TH OWNERS CORP.

10387, 100478/10, 10388.

107 A.D.3d 546 (2013)

968 N.Y.S.2d 449

2013 NY Slip Op 4687

VERINA HIXON, Appellant, v. 12-14 EAST 64TH OWNERS CORP. et al., Respondents, et al., Defendants.

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

Decided June 20, 2013.


The complaint sets forth two causes of action: breach of a proprietary lease against defendant 12-14 East 64th Owners Corp. (the co-op) and breach of fiduciary duty against the individual defendants, the co-op's board members. The claims against the co-op that accrued before December 7, 2006 were discharged by operation of a release executed on that date. There is no merit to plaintiff's claim that the release did not apply to her instant causes of action.

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