Without affidavit from someone with knowledge of Offering Plan, summary judgment barred where defendant argued no liability due to disclaimer in the Offering Plan.

A condominium’s board of managers filed suit against the sponsor, alleging breach of the Offering Plan. The sponsor moved for summary judgment on the board’s breach of contract claim, arguing that defects identified by the board fell within limited disclaimers in the Offering Plan or were not within the sponsor’s legal obligation. The First Department affirmed the trial court’s denial of the motion, stating that the sponsor’s failure to include an affidavit by anyone with personal knowledge failed to establish entitlement to disclaim all liability for defects arising from the work set forth in the description of the property, nor what work the sponsor performed to fulfill its obligations under the Offering Plan or applicable statutes.

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