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ORANGE ORCH. PROPS. LLC v. GENTRY UNLIMITED, INC.

Index No. 100198/19. Appeal No. 13223. Case No. 2020-01612.

191 A.D.3d 609 (2021)

139 N.Y.S.3d 528

2021 NY Slip Op 01206

Orange Orchestra Properties LLC et al., Appellants, v. Gentry Unlimited, Inc., et al., Respondents.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Akerman LLP, New York ( Massimo F. D'Angelo of counsel), for appellants.

Abrams Garfinkel Margolis Bergson, LLP, New York ( Andrew W. Gefell of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.

The factual allegations of the proposed third amended complaint are not set forth with sufficient particularity to support plaintiffs' fraud and misrepresentation claims that defendants falsely represented that there was a "wet over dry" rule that precluded plaintiffs' proposed renovations to their unit in the cooperative (CPLR 3016[b]). Even considering the allegations in paragraph 175 that defendants falsely represented that there was a restriction on "wet over dry" conditions...

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