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Co-ops & Condominiums
Merger Doctrine Precludes Unit Owner's Action Against Sponsor
Von Ancken v. 7 East 14 LLC NYLJ 4/8/19, p. 18, col. 1 AppDiv, First Dept. (memorandum opinion)
In co-op unit owner's action against sponsor for breach of contract, misrepresentation, and fraud, unit owner appealed from Supreme Court's dismissal of the complaint. The Appellate Division affirmed, holding that the merger doctrine precluded breach of contract claims and that unit owner could not establish reasonable reliance on any misrepresentations.
The listing for unit owner's apartment was accompanied by a floor plan, prepared by sponsor, which stated that the unit was “ ~1,966 ” square feet when, in fact, the unit was approximately 1,495 square feet. Unit owner contends that the floor plan was incorporated by reference into the offering plan, which was, in turn incorporated by reference into the purchase agreement. Based on the misrepresentation in the listing, unit owner brought this action for breach of the purchase contract, for misrepresentation and fraud, and for violations of the Martin Act. Supreme Court dismissed the complaint.
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