BOARD OF MGRS. OF THE ALFRED CONDOMINIUM v. MILLER

Index Nos. 154867/19, 655232/18. Appeal No. 15264-15265. Case Nos. 2020-02775, 2020-02774.

202 A.D.3d 467 (2022)

162 N.Y.S.3d 353

2022 NY Slip Op 00808

The Board of Managers of the Alfred Condominium, Respondent, v. James Miller, Appellant. James Miller, Appellant, v. Michael Graff et al., Respondents.

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

Decided February 8, 2022.


Attorney(s) appearing for the Case

Philip A. Greenberg, P.C., New York ( Philip A. Greenberg of counsel) and Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Ethan A. Kobre of counsel), for appellant.

Braverman Greenspun P.C., New York ( Maria Boboris of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.


These two related actions arise out of a series of disputes between the Board of Managers (the Board) of the Alfred Condominium and James Miller, the owner of shares corresponding to a unit therein. In the "Miller Action" (index No. 655232/18), Miller asserts claims against 10 individual Board members for breach of fiduciary duty and promissory estoppel. In the "Board Action" (index No. 154867/19) the Board asserts claims against...

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