Aug 26th, 2024

FKB’S Mike Furman and Christopher D. Skoczen Obtain Dismissal of Breach of Fiduciary Duty and Breach of Contract Claims Against Counsel for Board of Managers of Luxury Building


FKB’s Mike Furman and Christopher D. Skoczen prevailed on a motion to dismiss a high-value action against counsel for the Board of Managers of a luxury New York residential building alleging violation of the Condominium Act, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and breach of contract.

Plaintiffs, owners of a multi-story penthouse apartment in lower Manhattan, alleged that FKB’s client colluded with members of the Board of Managers to dispossess Plaintiffs of their rights and to reduce the value of Plaintiffs’ share in the condominium.  FKB forcefully argued that FKB’s client, as counsel for the Board of Managers and the condominium, owed no duty to an individual Board member and was shielded from liability as counsel for the Board.  The Supreme Court, New York County agreed, dismissing Plaintiffs’ action in its entirety.

If you have any questions about this decision, or the defense of attorneys in general, please contact Mike Furman or Christopher D. Skoczen.