Justice George Silver
Condominium unit owner Bauer alleged sponsor Beekman International Center's offering plan included an implied promise to sell all unsold units within a reasonable time, asserting a breach of contract claim. Bauer argued the offering plan's "Special Risks to Purchasers" section did not disclose there was a risk Beekman would retain an unconditional right to rent, rather than sell, units, noting only 35 of the 65 units have been sold. Bauer contended that by retaining nearly half the units for rent Beekman frustrated the fundamental purpose of the offering plan. Beekman moved for dismissal of Bauer's complaint. The court noted Beekman's managing member admitted in his affidavit that Beekman breached its implied duty to timely sell all the units in the building when it stopped offering units for sale and permitted the offering plan to lapse. Yet, it found Bauer failed to raise a triable issue of fact in response to Beekman's prima facie showing that the condo was viable, or to establish her prima facie entitlement to summary judgment on her breach of contract cause of action. Therefore, Beekman's motion for summary judgment was granted, and the complaint was dismissed, while Bauer's cross-motion for summary judgment was denied.
