Scott Mollen, Partner at Herrick, Feinstein LLP Real Estate Management Company Owned Fiduciary Duty to Property Owners
A defendant real estate management company (manager) and its officers, moved to dismiss a complaint pursuant to CPLR 3211(a)(1) and (7). The plaintiffs LLC's (LLC) had alleged causes of action for breach of contract, breach of fiduciary duty, disgorgement, restitution, unjust enrichment, negligence, negligent misrepresentation and punitive damages.Realty Law Digest
Scott Mollen discusses "220 E. 26th St. LLC v. Kaled Mgmt. Corp.," where a real estate management company was found to have owed a fiduciary duty to property owners; and "Kim v. United Am. Land Inc.," a landlord-tenant case where it was held that the housing court has jurisdiction to issue "orders to correct" for loft law premises.
April 12, 2022 at 02:19 PM
16 minute read
Scott Mollen, Partner at Herrick, Feinstein LLP
Real Estate Management Company Owned Fiduciary Duty to Property Owners
A defendant real estate management company (manager) and its officers, moved to dismiss a complaint pursuant to CPLR 3211(a)(1) and (7). The plaintiffs LLC's (LLC) had alleged causes of action for breach of contract, breach of fiduciary duty, disgorgement, restitution, unjust enrichment, negligence, negligent misrepresentation and punitive damages.
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