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Co-ops and Condominiums
Sponsor's Obligation to Conform to Building Code Not Waiveable
Tribeca Space Managers, Inc. v. Tribeca Mews Ltd, NYLJ 12/30/21 p. 21, col. 6, AppDiv, First Dept. (memorandum opinion)
In an action by condominium board against condominium sponsor for failure to construct the building in conformity with plans and specifications and the building code, the board appealed from Supreme Court's grant of sponsor's motion to preclude evidence at trial of patent and latent defects for which notice was not provided within the time period specified in the offering plan. The Appellate Division modified to deny the motion with respect to defects related to failure to conform with the code or the plans and specifications, but otherwise affirmed.
The board alleged numerous breaches of contract by the sponsor. The sponsor contended that the board had failed to provide timely notice of these breaches, as required by the governing documents. Accordingly, sponsor sought to exclude evidence of those defects at trial, and Supreme Court granted sponsor's motion. The board appealed.
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