A prospective purchaser of a condominium unit who was unable to purchase the subject unit, sued the condominium association’s Board of Managers (Board) and individuals who are board members for “tortious interference with contract, breach of contract, breach of the By-Laws and/or breach of plaintiff’s third-party beneficiary status under the By-Laws, and breach of fiduciary duty.” The defendants moved to dismiss the complaint for lack of standing, failure to state a cause of action, and based on documentary evidence, pursuant to CPLR 3211(a)(1), (3), and [7].
On this motion, the court was required to “accept as true the factual allegations of the complaint and accord the plaintiff all favorable inferences which may be drawn therefrom….” The court’s task was to determine “whether deeming the pleading to allege whatever can be reasonably implied from its statements, a cause of action can be sustained” and “[i]f the plaintiff can succeed upon any reasonable view of the allegations, the complaint may not be dismissed….”
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