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New York Construction Law

Tag Archives: Condominium Act

Condo Board Lacks Capacity to bring Construction Defect Action for Failure to Follow Bylaws

Posted in Construction Contracts, Real Property Law 339-dd

In a July 2, 2014 Commercial Division decision by Justice Demarest, the court granted the defendant’s motion to dismiss the complaint. The plaintiff board of managers of a Brooklyn condominium commenced the action, alleging significant construction defects against the condo’s sponsor. Among the arguments raised in the defendant’s motion was that the plaintiff lacked capacity to sue at the time … Continue Reading

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