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BOARD OF MGRS. OF BRIGHTWATER TOWERS CONDOMINIUM v. FIRSTSERVICE RESIDENTIAL N.Y., INC.

2018-11233. Index No. 505484/17.

193 A.D.3d 672 (2021)

147 N.Y.S.3d 78

2021 NY Slip Op 02128

Board of Managers of Brightwater Towers Condominium, Appellant, v. FirstService Residential New York, Inc., Respondent.

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

Decided April 7, 2021.

Attorney(s) appearing for the Case

Woods Lonergan, PLLC, New York, NY ( James F. Woods and Annie E. Causey of counsel), for appellant.

Gordon Rees Scully Mansukhani, LLP, New York, NY ( Mark A. Beckman and Heather Griffin of counsel), for respondent.

Chambers, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendant's motion which were pursuant to CPLR 3211(a)(7) to dismiss the cause of action to recover damages for breach of fiduciary duty and to disqualify Woods Lonergan, PLLC, from representing the plaintiff in this action are denied.

In 2017, the Board of Managers of Brightwater Towers Condominium (hereinafter...

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