| Kaymakcian v Board of Mgrs. of Charles HouseCondominium |
| 2008 NY Slip Op 02487 [49 AD3d 407] |
| March 18, 2008 |
| Appellate Division, First Department |
| Eleonore Kaymakcian et al., Appellants, v Board ofManagers of the Charles House Condominium et al., Respondents, et al.,Defendants. |
—[*1] Thomas D. Hughes, New York City (Richard C. Rubinstein of counsel), forrespondents.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered April 13, 2007,which, to the extent appealed from, granted respondents' motion for summary judgmentdismissing plaintiffs' first cause of action for breach of fiduciary duty as barred by the statute oflimitations, unanimously reversed, on the law, without costs, the motion denied, and the cause ofaction reinstated to the extent indicated herein.
Dismissal of the breach of fiduciary duty claim as time-barred was improper where, pursuantto the condominiums' bylaws, respondents had a continuing duty to repair the building's limitedcommon elements, including the terrace of the apartment directly above plaintiffs, which was thesource of the subject recurring leaks. Respondents' failure to do so, despite being repeatedlynotified by plaintiffs, constituted a continuing wrong that "is not referable exclusively to the daythe 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 limitedto any alleged damages that occurred within three years of the commencement of the instantaction (see Kaufman v Cohen, 307 AD2d 113, 118 [2003]; CPLR 214 [4]).
We have considered respondents' remaining arguments, including that the complaint fails[*2]to allege specific facts to assert a breach of fiduciary dutycause of action, and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Williams,Buckley and Acosta, JJ.