Adam Leitman Bailey, P.C. defended a Kings County Condominium in an action brought against it by a unit owner, relating to her allegedly defective private elevator. Specifically, the unit owner claimed that the board breached the Condominium’s Offering Plan and engaged in fraud by failing to provide the unit owner with an elevator in accordance with the terms of the Offering Plan.
Adam Leitman Bailey, P.C. moved to dismiss the case on the grounds that the plaintiff had failed to state a cause of action against the board and the documentary evidence demonstrated that the board could not be held liable to the plaintiff. Adam Leitman Bailey, P.C. cited the Condominium’s Offering Plan and ByLaws, which made clear that it was the responsibility of the sponsor, and not the board of managers, to provide the unit owner with a private elevator in accordance with the representations the sponsor made in the Offering Plan. After oral argument, the Supreme Court of the State of New York, County of New York, granted the plaintiff-board’s motion and dismissed the action, in its entirety, as against the board.
Courtney J. Lerias, Rachel M. Sigmund McGinley, and John M. Desiderio represented Adam Leitman Bailey, P.C. on the motion.