Gruber v. Gencorelli

In an action to recover damages for alleged defective construction of a condominium unit, the defendant sponsors appeal from so much of an order of the Supreme Court, Nassau County (Wager, J.), dated October 11, 1990, as denied their motion to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

As the condominium by-laws and offering plan mandate that the board of managers is responsible for collections and disbursements for the repair and maintenance of the common areas and further that all actions are to be brought by the board of managers on behalf…