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885 W.E. Residents Corp. v. Coronet Prop

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1995
220 A.D.2d 305 (N.Y. App. Div. 1995)

Opinion

October 19, 1995

Appeal from the Supreme Court, New York County (Joan Lobis, J.).


By serving one of GSR Corporation's officers pursuant to CPLR 311 (1), plaintiff effected service on the two named partnerships, since said corporation is a general partner of GSR Associates, which, in turn, is the general partner of Coronet Properties Co. (CPLR 310 [a].) We also find that the defendants have failed to raise a triable issue of fact regarding the service of the individually named defendants.

Although General Business Law § 352-c, the Martin Act, does not give rise to a private cause of action, it does not preclude plaintiff from bringing a common-law breach of contract claim ( see, 1113 8th Ave. Owners Corp. v. Rivieccio, 165 A.D.2d 714; Horn v. 440 E. 57th Co., 151 A.D.2d 112, 117). Finally, the suit was timely commenced, as it was brought within six years of the alleged breach of the contract ( see, Kassner Co. v. City of New York, 46 N.Y.2d 544, 550), when the property was conveyed on January 12, 1988.

Concur — Sullivan, J.P., Kupferman, Williams and Tom, JJ.


Summaries of

885 W.E. Residents Corp. v. Coronet Prop

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1995
220 A.D.2d 305 (N.Y. App. Div. 1995)
Case details for

885 W.E. Residents Corp. v. Coronet Prop

Case Details

Full title:885 W.E. RESIDENTS CORP., Respondent, v. CORONET PROPERTIES COMPANY et…

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

Date published: Oct 19, 1995

Citations

220 A.D.2d 305 (N.Y. App. Div. 1995)
632 N.Y.S.2d 556

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