Board of Managers of the Residential Section of the Vanderbilt Condominium v. ZWW Vanderbilt Associates

Appellate Division of the Supreme Court of New York

Board of Managers of the Residential Section of the Vanderbilt Condominium v. ZWW Vanderbilt Associates

225 A.D.2d 409, 640 N.Y.2d 748, 640 N.Y.S.2d 748, 1996 N.Y. App. Div. LEXIS 2694

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

DecidedMarch 19, 1996

StatusPublished

This text of 225 A.D.2d 409 (Board of Managers of the Residential Section of the Vanderbilt Condominium v. ZWW Vanderbilt Associates) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Managers of the Residential Section of the Vanderbilt Condominium v. ZWW Vanderbilt Associates, 225 A.D.2d 409, 640 N.Y.2d 748, 640 N.Y.S.2d 748, 1996 N.Y. App. Div. LEXIS 2694 (N.Y. Ct. App. 1996).

Pincite

Opinion

Giving the complaint every favorable intendment (Underpinning & Found. Constructors v Chase Manhattan Bank, 46 NY2d 459, 462), there are at the very least questions of fact as to whether or not the parties’ tolling agreement applies to this dispute, whether the release given by plaintiff to defendant covers this dispute, whether all of the alleged fraudulent acts were committed more than six years prior to the tolling agreement, and whether plaintiff discovered or should have discovered any of the alleged fraudulent acts more than two years prior to the agreement. Concur — Milonas, J. P., Rosenberger, Ellerin, Rubin and Williams, JJ.

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Giving the complaint every favorable intendment (Underpinning & Found. Constructors v Chase Manhattan Bank, 46 NY2d 459, 462), there are at the very least questions of fact as to whether or not the parties’ tolling agreement applies to this dispute, whether the release given by plaintiff to defendant covers this dispute, whether all of the alleged fraudulent acts were committed more than six years prior to the tolling agreement, and whether plaintiff discovered or should have discovered any of the alleged fraudulent acts more than two years prior to the agreement. Concur — Milonas, J. P., Rosenberger, Ellerin, Rubin and Williams, JJ.

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Bluebook (online)

225 A.D.2d 409, 640 N.Y.2d 748, 640 N.Y.S.2d 748, 1996 N.Y. App. Div. LEXIS 2694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-managers-of-the-residential-section-of-the-vanderbilt-condominium-nyappdiv-1996.

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