Legal Opinion

Board of Managers of Fairways at North Hills Condominium v. Fairway at North Hills

Appellate Division of the Supreme Court of the State of New York

Decided November 1, 1993PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Miller, J.

The issue of primary concern on this appeal, and one of first impression in New York, is whether the individual members of the first board of managers of a condominium development, who were appointed by the sponsor prior to the sale of any condominium units, owe fiduciary obligations to the eventual purchasers of those units. We find that such sponsor-appointed board members do owe fiduciary duties to unit owners, and that, accordingly, the Supreme Court correctly denied the appellants’ motion insofar as it sought to dismiss the eighth cause of action to recover…

2Cases cited15 opinions

  1. Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
  2. Ossining Union Free School District v. AndersonNew York Court of Appeals · 1989
  3. Frances T. v. Village Green Owners Assn.California Supreme Court · 1986
  4. Vermeer Owners, Inc. v. GutermanNew York Court of Appeals · 1991
  5. Key International Manufacturing, Inc. v. Morse/Diesel, Inc.Appellate Division of the Supreme Court of the State of New York · 1988

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3Cited by26 opinions

  1. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  2. Childers v. New York & Presbyterian HospitalDistrict Court, S.D. New York · 2014
  3. Sonny Boy, LLC v. AsnaniDistrict Court of Appeal of Florida · 2004
  4. Murphy v. StateAppellate Division of the Supreme Court of the State of New York · 2004
  5. Greenspan v. Allstate InsuranceDistrict Court, S.D. New York · 1996

21 more not listed; retrieve them via the Exa API.

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