BOARD OF MANAGERS OF PETIT VERDOT CONDOMINIUM v. 732 734 WEA LLC (2023)

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered October 7, 2022, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the cause of action for breach of contract (the second cause of action) as against defendants Carter Sackman and James Hefelfinger, unanimously affirmed, without costs.

Plaintiff's breach of contract claim against Sackman and Hefelfinger, principals of the condominium sponsor, was properly dismissed because a private litigant “may not pursue a common-law cause of action where the claim is predicated solely on a violation of the Martin Act [(General Business Law art 23–A, § 352–e)] or its implementing regulation [(13 NYCRR § 20.4[b]), as is the case herein] and would not exist but for the statute” (Assured Guar. [UK] Ltd. v. J.P. Morgan Inv. Mgt. Inc., 18 N.Y.3d 341, 353, 939 N.Y.S.2d 274, 962 N.E.2d 765 [2011];  see also Board of Mgrs. of Bayard Views Condominium v. FPG Bayard, LLC, 187 A.D.3d 697, 699–700, 132 N.Y.S.3d 150 [2d Dept. 2020];  Board of Mgrs. of 184 Thompson St. Condominium v. 184 Thompson St. Owner LLC, 106 A.D.3d 542, 544, 965 N.Y.S.2d 114 [1st Dept. 2013]).