State v. Manhattan View Development, Ltd.

• Decision Date: 11 March 1993
• Citation: 595 N.Y.S.2d 13,191 A.D.2d 259
• Parties: STATE of New York, Plaintiff-Respondent, v. MANHATTAN VIEW DEVELOPMENT, LTD., et al., Defendants, and John Bradley, et al., Defendants-Appellants.
• Court: New York Supreme Court — Appellate Division

Page 13

595 N.Y.S.2d 13

191 A.D.2d 259

STATE of New York, Plaintiff-Respondent, v. MANHATTAN VIEW DEVELOPMENT, LTD., et al., Defendants and John Bradley, et al., Defendants-Appellants.

Supreme Court, Appellate Division First Department.

March 11, 1993.

Before MILONAS, J.P., and ROSENBERGER, KUPFERMAN and ROSS, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Myriam J. Altman, J.), entered December 24, 1991, which, inter alia, granted plaintiff's motion for summary judgment to the extent of awarding judgment on the issue of liability on the first, second, ninth, and sixteenth causes of action, unanimously affirmed, without costs.

Contrary to defendants' arguments, they were actively involved in the planning and consummation of the condominium offering, as a matter of law, within the meaning of 13 NYCRR 20.1(c)(2). Defendant Bradley was an officer of Delgado Management Corp., the managing agent for the condominium, and had authority to write corporate checks. Defendants signed the certification admitting that they were principals of the condominium corporation, and that they were responsible for compliance with applicable law; they oversaw construction of the project; they invested $1.4 million; they...