The motion court properly denied defendant's motion for summary judgment. Contrary to defendant condominium sponsor's contention, as movant, its burden was to show that the defects identified by plaintiff condominium board of directors fell within the limited disclaimers in the offering plan or otherwise to show that those defects were not within defendant's obligation to comply with the law (Board of Mgrs. of Loft Space Condominium v SDS Leonard, LLC,
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BOARD OF MGRS. OF 150 E. 72ND ST. CONDOMINIUM v. VITRUVIUS ESTATES LLC
Index No. 160831/16. Appeal No. 15714. Case No. 2021-00699.
204 A.D.3d 465 (2022)
166 N.Y.S.3d 628
2022 NY Slip Op 02358
The Board of Managers of 150 East 72nd Street Condominium, Respondent-Appellant, v. Vitruvius Estates LLC, Appellant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 12, 2022.
Decided April 12, 2022.
Attorney(s) appearing for the Case
Stempel Bennett Claman & Hochberg, P.C., New York ( Edmond P. O'Brien , of counsel) for appellant-respondent.
Adam Leitman Bailey, P.C., New York ( Jeffrey R. Metz , of counsel) for respondent-appellant.
Concur—Manzanet-Daniels, J.P., Kapnick, Webber, Gesmer, Oing, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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