Board of Managers v. Fairways at North Hills
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*34OPINION OF THE COURT
Rubin, J.
On this appeal we are asked to decide whether a board of managers of a condominium may bring a "private” cause of action against the sponsors of the condominium project to recover damages for alleged violations of certain provisions of the Martin Act (General Business Law art 23-A). Consistent with the decision of the Court of Appeals in CPC Intl. v McKesson Corp. (70 NY2d 268), we hold that no such cause of action exists.
The gravamen of the first and second causes of action in the complaint brought by the Board of Managers of the Fairways at North Hills…
2Cases cited12 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- CPC International Inc. v. McKessonNew York Court of Appeals · 1987
- Buckley v. 112 Central Park South, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- People v. Lexington Sixty-First AssociatesNew York Court of Appeals · 1976
- CPC International Inc. v. McKesson Corp.Appellate Division of the Supreme Court of the State of New York · 1986
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3Cited by18 opinions
- Basis Yield Alpha Fund v. Goldman Sachs Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Resolution Trust Corp. v. DiamondCourt of Appeals for the Second Circuit · 1994
- Board of Managers of Fairways at North Hills Condominium v. Fairway at North HillsAppellate Division of the Supreme Court of the State of New York · 1993
- Residential Board of Managers of Zeckendorf Towers v. Union Square-14th Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- Rego Park Gardens Owners, Inc. v. Rego Park Gardens AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
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