ETKIN v. SHERWOOD 21 ASSOCIATES, LLC

9998, 652122/17.

176 A.D.3d 442 (2019)

110 N.Y.S.3d 410

2019 NY Slip Op 07153

William Etkin, Appellant, v. Sherwood 21 Associates, LLC, Defendant, and The Board of Managers of the 500 West 21st Street Condominium, Respondent.

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

Decided October 3, 2019.


Attorney(s) appearing for the Case

Morrison Cohen LLP, New York ( Terence K. McLaughlin of counsel), for appellant.

Law Offices of Leonard A. Sclafani, New York ( Leonard A. Sclafani of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Singh, JJ.


The motion court correctly dismissed the cause of action for breach of fiduciary duty against defendant board of managers arising from scratched windows in plaintiff's unit. Plaintiff alleges that the board failed to ensure the replacement of the windows by the sponsor and failed to provide notice of the defective windows to the condominium unit owners. However, under the condominium offering plan and purchase agreement, the condominium sponsor bears sole and complete responsibility...

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