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REGINI v. BD. OF MGRS. OF LOFT SPACE CONDOMINIUM

14274N, 112994/11.

125 A.D.3d 514 (2015)

1 N.Y.S.3d 805

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 February 19, 2015.

To the extent it asserts a claim against defendant SDS Leonard for breach of warranty under the offering plan, the proposed amendment is not plainly lacking in merit. Nor will defendant suffer any prejudice as a result of it. However, the breach of fiduciary duty claim is duplicative of the breach of warranty claim, since both are based on SDS's alleged breach of its obligations under the offering plan, i.e., to repair and maintain...

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