Lorne v. 50 Madison Avenue

Order, Supreme Court, New York County (Emily Jane Goodman, J), entered December 26, 2008, which, to the extent appealed from, denied the motion by defendants-appellants condominium board of managers (the Board) and one of its individual members (David Moffitt) for summary judgment dismissing plaintiff unit owners’ cause of action for breach of fiduciary duty as against them, and granted plaintiffs’ cross motion for leave to serve an amended complaint adding additional defendant-appellant 50 Madison Avenue Condominium as a party and, inter alia, a new cause of action for a judgment declaring…