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BOARD OF MGRS. OF THE LATITUDE RIVERDALE CONDOMINIUM v. 3585 OWNER, LLC

Index No. 27319/16E. Appeal No. 14599. Case No. 2020-02956.

199 A.D.3d 441 (2021)

157 N.Y.S.3d 281

2021 NY Slip Op 06072

Board of Managers of the Latitude Riverdale Condominium, Appellant, v. 3585 Owner, LLC, et al., Respondents, et al., Defendants.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Jared E. Paioff of counsel), for appellant.

Rivkin Radler LLP, New York ( David Gise of counsel), for respondents.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.

Plaintiff Board of Managers of the Latitude Riverdale Condominium (Board) asserts a number of claims against the condominium Sponsor, two former board members who indirectly own Sponsor—Robert Quaco and Emerich Goldstein, a former board member appointed by Sponsor, Glen D. Wolland, and Riverview Ave Holding, LLC, a company of which Quaco is the sole member.

The Board's fraudulent inducement claim is not preempted by the Martin Act because it is based upon allegations...

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