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JOHNSON v. LEVIN

7333. 157660/15. 595766/15.

165 A.D.3d 497 (2018)

83 N.Y.S.3d 886

2018 NY Slip Op 06855

Wade Johnson et al., Appellants, v. Joel Levin et al., Defendants, and 1150 Fifth Avenue Owners Corp., Respondent. (And a Third-Party Action.)

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

Decided October 16, 2018.

The allegations that defendant co-op induced plaintiffs to enter into a purchase agreement through misrepresentations and omissions concealing dangerous defects in the subject unit fail to state a cause of action, because a cooperative does not owe a fiduciary duty to purchasers of units with respect to conduct that occurred before the purchase (see Woods v 126 Riverside Dr. Corp., 64 A.D.3d 422, 423 [1st Dept 2009], lv denied...

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