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BOARD OF MGRS. OF BeWILLIAM CONDOMINIUM v. 90 WILLIAM ST. DEV. GROUP LLC

105137/11. Appeal No. 12246-12246A. Case No. 2019-3298. 2019-3367.

187 A.D.3d 680 (2020)

2020 NY Slip Op 06221

Board of Managers of BeWilliam Condominium, Respondent, v. 90 William St. Development Group LLC et al., Appellants, et al., Defendants.

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

Decided October 29, 2020.

The sponsor's conceded failure to obtain a permanent certificate of occupancy within two years from the first closing as required by the offering plan establishes its breach of the offering plan (see Board of Mgrs. of Loft Space Condominium v SDS Leonard, LLC, 142 A.D.3d 881, 882 [1st Dept 2016]), as does the sponsor's concession that certain aspects of the building were not constructed according to the offering plan. Moreover, as...

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