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WHEALON v. GRAMERCY PARK RESIDENCE CORP.

651595/19. Appeal No. 17425. Case No. 2021-04562.

214 A.D.3d 427 (2023)

184 N.Y.S.3d 751

2023 NY Slip Op 01155

Timothy Whealon, Respondent, v. Gramercy Park Residence Corp. et al., Appellants.

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

Decided March 2, 2023.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( Daniel J. Fox of counsel), for appellants.

Feuerstein Kulick, LLP, New York ( Richard Trotter of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Gesmer, Singh, Higgitt, JJ.

Order, Supreme Court, New York County (Melissa Crane, J.), entered on or about December 17, 2020, which, to the extent appealed from, denied defendants' motion to dismiss plaintiff's claims for breach of proprietary lease, breach of warranty of habitability, and breach of fiduciary duty as untimely, unanimously affirmed, with costs.

Plaintiff purchased shares for a penthouse apartment in a cooperative residential apartment...

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