Condos—Condo Board Sued for Rescission, Claiming That a Purchaser Had Fraudulently Induced the Board Into Not Exercising Its Right of First Refusal—Purchaser Concealed Intent to Use Unit as Day Care Center—Pecuniary Damages Are Unnecessary in Action for Equitable Rescission
This case involved “an action to rescind the conveyance of a condominium apartment” (unit) on “the ground that defendant purchaser misrepresented to plaintiff, the condominium’s board of managers,” (board) that “she would use the unit as a private residence and, instead, established a professional day care business at the premises.” The trial court had denied the defendant’s motion for summary judgment, dismissing the complaint, finding that there was a triable issue as to “whether defendant made any misrepresentation that might impact the validity of the purchase agreement.” In seeking reversal, the defendant argued, inter alia, that “fraud cannot be established because an essential element, injury, does not exist.” The court held that since “pecuniary damages are unnecessary in an action for equitable rescission,” the defendant’s arguments were “unavailing.”
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