BOARD OF MANAGERS OF 325 FIFTH AVENUE CONDOMINIUM v. CONTINENTAL RESIDENTIAL HOLDINGS LLC

3670, 154764/12.

149 A.D.3d 472 (2017)

2017 NY Slip Op 02758

52 N.Y.S.3d 44

BOARD OF MANAGERS OF 325 FIFTH AVENUE CONDOMINIUM et al., Respondents-Appellants, v. CONTINENTAL RESIDENTIAL HOLDINGS LLC et al., Appellants-Respondents, and DOUGLASTON DEVELOPMENT LLC et al., Respondents, et al., Defendants.

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

Decided April 11, 2017.


The Sponsor Defendants contend that all claims against them should be dismissed because the notice attached to the summons failed to comply with CPLR 305 (b). This argument is unavailing (see Pilla v La Flor De Mayo Express, 191 A.D.2d 224 [1st Dept 1993]).

In May 2011, plaintiff board executed a release that released Sponsor, Douglaston Development, 325 Fifth Avenue LLC, 325 Fifth Avenue Commercial, 325 Fifth Avenue Investors...

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