Opinion
7333 Index 157660/15 595766/15
10-16-2018
Wade JOHNSON, et al., Plaintiffs–Appellants, v. Joel LEVIN, et al., Defendants, 1150 Fifth Avenue Owners Corp., Defendant–Respondent. [And a Third–Party Action]
Kasowitz Benson Torres LLP, New York (Jessica T. Rosenberg of counsel), for appellants. Braverman Greenspun, P.C., New York (Jonathan Kolbrener of counsel), for respondent.
Kasowitz Benson Torres LLP, New York (Jessica T. Rosenberg of counsel), for appellants.
Braverman Greenspun, P.C., New York (Jonathan Kolbrener of counsel), for respondent.
Renwick, J.P., Tom, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Debra A. James, J.), entered March 16, 2017, which, to the extent appealed from, granted defendant 1150 Fifth Avenue Owners Corp.'s motion to dismiss the cause of action for fraudulent or negligent misrepresentation as against it, unanimously affirmed, without costs.
The allegations that defendant coop induced plaintiffs to enter into a purchase agreement through misrepresentations and omissions concealing dangerous defects in the subject unit fail to state a cause of action, because a cooperative does not owe a fiduciary duty to purchasers of units with respect to conduct that occurred before the purchase (see Woods v. 126 Riverside Dr. Corp., 64 A.D.3d 422, 423, 882 N.Y.S.2d 106 [1st Dept. 2009], lv denied 14 N.Y.3d 704, 2010 WL 606286 [2010] ). Moreover, the complaint alleges that plaintiffs were aware that the unit had undergone significant renovations two years earlier, and yet they failed to inspect the renovations or inquire as to whether any issues had occurred with respect to the renovations (see id. ). The special facts doctrine is not applicable as plaintiffs knew about the renovations and could have, but chose not to, inquire about them (see Jana L. v. West 129th St. Realty Corp., 22 A.D.3d 274, 278, 802 N.Y.S.2d 132 [1st Dept. 2005] ).
We have considered plaintiffs' remaining arguments and find them unavailing.