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Cooperatives & Condominiums

By ljnstaff | Law Journal Newsletters

Condo Board Was Intended Beneficiary of Agreement
 Board of Managers of 100 Congress Condominium v. SDS Congress LLC
NYLJ 7/7/17, p. 28, col. 2
AppDiv, Second Dept.
(memorandum opinion)

In an action by a condominium board against a contractor and an engineering firm for breach of contract and professional malpractice, the engineering firm appealed from Supreme Court's denial of its motion to dismiss. The Appellate Division modified to dismiss the malpractice claim, but otherwise affirmed, holding that the condominium board's complaint sufficiently alleged that the condominium was either an intended beneficiary of the contract with the engineering firm or a successor-in-interest to the sponsor's construction contracts.

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