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BOARD OF MGRS. OF LOFT SPACE CONDOMINIUM v. SDS LEONARD, LLC

1736, 652731/12.

142 A.D.3d 881 (2016)

38 N.Y.S.3d 23

BOARD OF MANAGERS OF LOFT SPACE CONDOMINIUM, Appellant, v. SDS LEONARD, LLC, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 27, 2016.

Each purchaser of a residential unit at the condominium entered into a contract with SDS, the sponsor of the condominium. The contract incorporated the condominium offering plan by reference. The offering plan states that the "[t]he Common Elements are offered in `as is' condition as of the date of the First Unit Closing, subject to ... the Sponsor's [i.e., SDS's] obligation to maintain the Property in accordance with the requirements...

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