Condominiums—Breach of Contract, Fraud, Breach of Fiduciary Duty and Negligence Claims Against a Sponsor and Its Members—Fraud Claim Based Entirely on Omissions From Disclosures Required by Martin Act, Were Preempted by Martin Act and Dismissed – Breach of Fiduciary Claim Only Sought Money Damages Dismissed Based on Three-Year Statute of Limitations—Individual Board Members Not Liable Since Complaint Did Not Plead Independent Tortious Acts
A condominium board of managers (board) sued a sponsor (sponsor) and its members (members) for breach of contract, fraud, breach of fiduciary duty, and negligence. The sponsor and members moved to dismiss, pursuant to CPLR 3211(a)(7).
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