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RIDINGER v. WEST CHELSEA DEVELOPMENT PARTNERS LLC

4100. 160465/15.

150 A.D.3d 559 (2017)

2017 NY Slip Op 04067

56 N.Y.S.3d 48

LOREN RIDINGER, Appellant, v. WEST CHELSEA DEVELOPMENT PARTNERS LLC et al., Respondents.

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

Decided May 23, 2017.

Plaintiff's individual claims were barred by a prior release. However, plaintiff could not and did not release the derivative claims on behalf of the unit owners (see Caprer v Nussbaum, 36 A.D.3d 176 [2d Dept 2006]). Plaintiff was nevertheless bound by a covenant not to sue, in which she promised not to bring any claim regarding the unit, the building or the condominium, including in a derivative capacity. This did not bar the instant...

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