BOARD OF MGRS. OF FIFTH AVE. CONDOMINIUM v. 141 ACQUISITION ASSOC., LLC

10932, 141, 651426/13.

179 A.D.3d 627 (2020)

114 N.Y.S.3d 656

2020 NY Slip Op 00686

Board of Managers of Fifth Avenue Condominium, Respondent-Appellant, v. 141 Acquisition Associates, LLC, et al., Defendants, Cetra/Ruddy Incorporated et al., Respondents, and J Construction Company, LLC, Appellant.

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

Decided January 30, 2020.


The motion court correctly determined that discovery was necessary to determine the extent of plaintiff board of manager's rights under defendant J Construction's contract with defendant sponsor (see Diamond Castle Partners IV PRC, L.P. v IAC/InterActiveCorp, 82 A.D.3d 421, 422 [1st Dept 2011]). While paragraph 22.12 of the agreement provides that "the [sponsor] and [J Construction] do not intend to create any interest in

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases