BOWERY 263 CONDOMINIUM INC. v. D.N.P. 336 COVENANT AVE. LLC

8396. 153614/15.

169 A.D.3d 541 (2019)

95 N.Y.S.3d 35

2019 NY Slip Op 01302

Bowery 263 Condominium Inc., Appellant, v. D.N.P. 336 Covenant Avenue LLC et al., Defendants, and Nexus Building Development Group Inc. et al., Respondents.

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

Decided February 21, 2019.


Defendants failed to establish prima facie that Cohen served as the sole member of the condominium corporation board during the period of sponsor control only as a representative of the sponsor, and therefore owed no fiduciary duties to plaintiff condominium corporation and the unit owners in his individual capacity. The Offering Plan provided that, during the sponsor-controlled period, "the Board shall consist of one person designated by Sponsor," and that "Sponsor anticipate...

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