Residential Bd. of Managers of Zeckendorf Towers v. Union Square-14th Street Assocs., 190 A.D.2d 636 (N.Y. App. Div. 1993). · Go Syfert
Residential Bd. of Managers of Zeckendorf Towers v. Union Square-14th Street Assocs., 190 A.D.2d 636 (N.Y. App. Div. 1993). Cases Citing This Book View Copy Cite
31 citation events (22 in the last 25 years) across 3 distinct courts.
Strongest positive: Whitaker v. On The Right Track Systems, Inc. (nysd, 2022-03-14)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Whitaker v. On The Right Track Systems, Inc.
S.D.N.Y. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
absent privity of contract, plaintiff has no right to recover from defendant . . . for breach of contract.
discussed Cited as authority (rule) Owens v. New Empire Corp. (2×)
N.Y. App. Div. · 2025 · confidence medium
Assoc. , 190 AD2d 636, 636 [1st Dept 1993]).
cited Cited as authority (rule) 7-11 E. 13th St. Tenants Corp. v. New Sch.
N.Y. App. Div. · 2023 · confidence medium
Assoc. , 190 AD2d 636, 637 [1st Dept 1993]).
cited Cited as authority (rule) Americon Constr., Inc. v. Cirocco & Ozzimo, Inc.
N.Y. App. Div. · 2022 · confidence medium
Assoc. , 190 AD2d 636, 637 [1st Dept 1993]).
cited Cited as authority (rule) Americon Constr., Inc. v. Cirocco & Ozzimo, Inc.
N.Y. App. Div. · 2022 · confidence medium
Assoc. , 190 AD2d 636, 637 [1st Dept 1993]).
cited Cited as authority (rule) Board of Managers of the a Building Condominium v. 13th & 14th Street Realty, LLC
N.Y. App. Div. · 2014 · confidence medium
Assoc., 190 AD2d 636, 637 [1st Dept 1993]; see also Mandarin Trading Ltd. v Wildenstein, 16 NY3d 173, 182 [2011]; Fourth Ocean Putnam Corp. v Interstate Wrecking Co., 66 NY2d 38, 45 [1985]).
cited Cited as authority (rule) Southern Wine & Spirits of America, Inc. v. Impact Environmental Engineering, PLLC
N.Y. App. Div. · 2013 · confidence medium
Assoc., 190 AD2d 636, 637 [1st Dept 1993]).
cited Cited as authority (rule) Southern Wine & Spirits of America, Inc. v. Impact Environmental Engineering, PLLC
N.Y. App. Div. · 2013 · confidence medium
Assoc., 190 AD2d 636, 637 [1st Dept 1993]).
cited Cited as authority (rule) Leonard v. Gateway II, LLC
N.Y. App. Div. · 2009 · confidence medium
Assoc., 190 AD2d 636, 637 [1993]).
cited Cited as authority (rule) Kerusa Co. v. W10Z/515 Real Estate Ltd. Partnership
N.Y. App. Div. · 2008 · confidence medium
Assoc., 190 AD2d 636, 637 [1993]; see also Real Property Law § 339-dd).
discussed Cited as authority (rule) Kramer v. W10Z/515 Real Estate Limited Partnership
N.Y. App. Div. · 2007 · confidence medium
Assoc., 190 AD2d 636, 637 [1993] [upholding claim of fraud in the sale of condominium units brought against sponsor who allegedly knowingly and intentionally advanced a misrepresentation in the offering plan]; Horn v 440 E. 57th Co., 151 AD2d 112, 117-118 [1989] [upholding fraud and breach of warranty claims where it could be argued that the Martin Act was written in the parties’ contract for the sale of stock in a cooperative via a warranty against material omissions and misrepresentations in offering statement and its amendments]).
discussed Cited "see, e.g." O'Sullivan v. Huhn
N.Y. App. Div. · 1993 · signal: see also · confidence low
A change of venue in this transitory action to Rockland County, where the accident occurred and where any witnesses would be located, is clearly appropriate (supra; see also, Samuels v Ramada, Inc., 190 AD2d 636 ).
Retrieving the full opinion text from the archive…
Residential Board of Managers of Zeckendorf Towers
v.
Union Square-14th Street Associates, Appellants-Respondents, and Joseph Harris
Appellate Division of the Supreme Court of the State of New York.
Feb 25, 1993.
190 A.D.2d 636
Cited by 24 opinions  |  Published

— Order, Supreme Court, New York County (Joan Lobis, J.), entered June 3, 1992, which, inter alia, denied those branches of defendants-appellants’ motion pursuant to CPLR 3211 (a) (3) and (7) as sought dismissal of the complaint as against defendant Zeckendorf and dismissal of the first, second and eighth causes of action as against the remaining defendants-appellants, granted that branch as sought dismissal of the complaint as against defendant Harris, and granted defendant-respondent Kumagai Gumi Co.’s motion to dismiss the complaint as against it, unanimously affirmed, with costs.

With respect to the first cause of action alleging fraud in the sale of condominium units, the IAS Court correctly determined that plaintiff condominium board has standing to make such a claim on behalf of the individual condominium unit owners by reason of explicit statutory authority namely, Real Property Law § 339-dd, under which the board of managers of a condominium is empowered to maintain an action on behalf of the condominium owners with respect to “any cause of action relating to the common elements of more than one unit” (see, Board of Mgrs. v Fairways at N. Hills, 150 AD2d 32, 38).

The IAS Court also properly dismissed plaintiff’s causes of action for negligence and breach of contract against defendant Kumagai, which contracted solely with the owner for purposes of monitoring the activities of the construction manager, since plaintiff cannot recover solely for economic loss arising out of negligent construction in the absence of a contractual relationship (Lake Placid Club Attached Lodges v Elizabethtown Bldrs., 131 AD2d 159), and since plaintiff is only an incidental, not intended beneficiary of defendant Kumagai’s contract with the owner (Board of Mgrs. v Schorr Bros. Dev. Corp., 182 AD2d 664). Absent privity of contract, plaintiff has no right to recover from defendant Kumagai either for negligence or breach of contract (supra).

Finally, the IAS Court did not err in dismissing the complaint as against defendant Harris but not as against defendant Zeckendorf, where the complaint alleges that Zeckendorf, in both his individual capacity and as president of defendant Gilrin Holding Corp., signed the Certification of Sponsor, thereby knowingly and intentionally advancing the alleged misrepresentation in the offering plan, but does not allege that Harris personally participated or had actual knowledge[*638] of the wrongful corporate conduct (Prudential-Bache Metal Co. v Binder, 121 AD2d 923, 926).

We have reviewed the parties’ remaining claims and find them to be without merit. Concur — Milonas, J. P., Rosenberger, Kupferman, Asch and Kassal, JJ.