Condominiums—Construction Defects—Breach of Express and Implied Warranties—Negligent Construction/Supervision—Fraud/Misrepresentation—General Business Law (GBL) §§349-350—Breach of Contract—Negligence—Breach of Contract/Third-Party Beneficiary
A plaintiff board of managers (board) commenced an action on behalf of unit owners (owners) “to recover compensatory and punitive damages allegedly sustained as a result of purported defects in the renovation” of the subject building. The plaintiffs asserted claims for, inter alia, “breach of express and implied warranties, negligent construction/supervision, fraud/misrepresentation, violation of [GBL] §§349-350, breach of contract, negligence, and breach of contract/third party beneficiary.” The complaint named as defendants, the sponsor, the developer, the contractor, the sponsor’s managing partner and general manager (managing partner), the architect and engineer and the sponsor’s individual members (member or members). Two of the members were also members of the developer and the third member of the sponsor was the contractor’s principal and founding member. Defendants had moved, pre-answer, for an order dismissing certain or all causes of actions against some or all of them.
