Condominiums—Alleged Construction Defects -Since Sponsor Made Repeated Repairs, There Was A Triable Issue of Fact As to Whether and to What Extent Sponsor Waived the Offering Plan’s Written Notice Requirement—Implied Housing Merchant Warranty Inapplicable to Condominiums With More Than Five Stories—General Business Law §349 Claims Dismissed Since Alleged Statements Did Not Involve Fraud Aimed at Consumers at Large and Such Claims May Not Be Based On Alleged Fraud in Connection With Other Unrelated Projects
A CONDOMINIUM Board of Managers (board) commenced an action against a sponsor-developer (sponsor) of a residential building and other defendants (“A”), whom the board alleged were “alter egos of the sponsor.” The defendants had moved to dismiss the complaint, pursuant to CPLR 3211(a) (7).
