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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)

Citation
O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)
Parent Document
O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 171 N.Y.S.3d 3 (2022)
Jurisdiction
New York (state)
Effective Date
2022-06-14

Other Sections in This Document (20)

Full Text

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Order, Supreme Court, New York County (Phillip Hom, J.), entered May 20, 2021, which, to the extent appealed from, denied defendants Andreas Lazar and Elanna Lazar's (the Lazars) motion to dismiss the causes of action for nuisance and breach of the proprietary lease prohibiting the creation of a nuisance and defendants Board of Directors of the Park Avenue and Seventy-Seventh Street Corporation and the Corporation's (the Co-op defendants) motion to dismiss the causes of action for breach of fiduciary duty, breach of article I, paragraphs first, second and seventh of the proprietary lease, and breach of the warranty of habitability, unanimously modified, on the law, to grant the Lazars' motion as to the breach of contract claims against them and grant the Co-op defendants' motion as to the breach of fiduciary duty claim and the breach of contract claim under article I, paragraphs second and seventh of the proprietary lease, and otherwise affirmed, without costs.