At page 407 Continuing duty creating ongoing wrong for breach claim4 citing cases“constitute a continuing wrong that is not referable exclusively to the day the original wrong was committed”
- Soloway v. CIM Grp., 2024 NY Slip Op 30377(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished To extent Plaintiff can show that Defendants breached their continuing duties to protect his interest in his units and to generate fair rental returns, however, these failures may "constitute[] a continuing wrong that is not referable excl…
- Gabriel v. Bd. of Managers of the Gallery House Condo., 130 A.D.3d 482 (N.Y. App. Div. 1st Dep't 2015).published(breach of fiduciary duty claim not time-barred where, pursuant to bylaws, board had continuing duty to repair certain common elements that were source of recurring leaks and failure to do so constituted continuing wrong)
- Capruso v. Vill. of Kings Point, 16 N.E.3d 527 (N.Y. 2014).publishedJust as the failure of a landlord to repair a building’s common elements, in violation of bylaws, “constituted a continuing wrong that is not referable exclusively to the day the original wrong was committed” (Kaymakcian v Board of Mgrs. o…
At page 408 “the claim is limited to any alleged damages that occurred within three years of the commencement of the instant action”2 citing cases
- Soloway v. CIM Grp., 2024 NY Slip Op 30377(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished To extent Plaintiff can show that Defendants breached their continuing duties to protect his interest in his units and to generate fair rental returns, however, these failures may "constitute[] a continuing wrong that is not referable excl…
Other citing cases
- Fed. Ins. v. Distinguished Props. Umbrella Managers Inc., 721 F. Supp. 2d 293 (S.D.N.Y. 2010).published
- Greenberg v. Wiesel, 186 A.D.3d 1336 (N.Y. App. Div. 2d Dep't 2020).published
v.
Board of Managers of the Charles House Condominium
Dismissal of the breach of fiduciary duty claim as time-barred was improper where, pursuant to the condominiums’ bylaws, respondents had a continuing duty to repair the building’s limited common elements, including the terrace of the apartment directly above plaintiffs, which was the source of the subject recurring leaks. Respondents’ failure to do so, despite being repeatedly notified by plaintiffs, constituted a continuing wrong that “is not referable exclusively to the day the original wrong was committed” (see 1050 Tenants Corp. v Lapidus, 289 AD2d 145, 146 [2001]). However, inasmuch as plaintiffs are seeking monetary damages, the claim is limited to any alleged[*408] damages that occurred within three years of the commencement of the instant action (see Kaufman v Cohen, 307 AD2d 113, 118 [2003]; CPLR 214 [4]).
We have considered respondents’ remaining arguments, including that the complaint fails to allege specific facts to assert a breach of fiduciary duty cause of action, and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Williams, Buckley and Acosta, JJ.