On April 12, 2022, the First Department issued a decision in Board of Mgrs. of 150 E. 72nd St. Condominium v. Vitruvius Estates LLC, 2022 NY Slip Op. 02358, denying a motion for summary judgment because the movant failed to submit an affidavit based on personal knowledge of the relevant facts, explaining:
The motion court properly denied defendant’s motion for summary judgment. Contrary to defendant condominium sponsor’s contention, as movant, its burden was to show that the defects identified by plaintiff condominium board of directors fell within the limited disclaimers in the offering plan or otherwise to show that those defects were not within defendant’s obligation to comply with the law. Here, defendant’s failure to include an affidavit by anyone with personal knowledge fails to establish as a factual matter that it was entitled to disclaim all liability for defects arising from the work set forth in the description of property, nor does the record show what work defendant performed to fulfill its obligations under the fifth amendment to the offering plan, Local Law 11, or other statutes. Therefore, on this record, summary judgment was not warranted.
(Internal citations omitted).