Case Notes in


First published: Jun 2017
Domaszowec v Residential Mgt. Group LLC

A contractor dies on the job. Who’s liable?

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First published: Jan 2013
Joanne Payson v. 50 Sutton Place South Owners, Inc. and Brown Harris Stevens Residential Management, LLC

By reviewing the insurance policy in its entirety, the court disregarded “form over substance,” and concluded that the policy’s references to the “condominium” were applicable to the insured cooperative. Setting aside the question of how or why a policy issued to a cooperative referred repeatedly to the insured as a condominium, it is important to note that an insurance professional as well as the managing agent should review any policy before it is purchased by the board. The court also pointed out, through its reference to another case, that there are circumstances where shareholders/lessees could waive their right to recover from the cooperative, but their insurance policy might retain that right. The statute of limitations holding is also significant. In most instances, a statute of limitations begins to run on the date of the occurrence of the harm. Consistent with other cases we have seen in the cooperative context, however, this case explained that each recurrence of the same leak constitutes a new occurrence, allowing the statute to begin anew. Consequently, although the plaintiff could not recover for damage that occurred more than three years before the action started, she could recover for any damage that occurred within the three-year period, even if from the same continuing leak.

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First published: Jun 2003
Rahman v. Board of Managers of Yardarm Condominium

This case is somewhat surprising because the insurance was inadequate. It seems that the board got poor advice about the appropriate amount of coverage that was available even if it required payment of an additional premium. It is a good lesson about the need for a co-op or condo board to obtain and follow first-rate advice from competent professional advisers when obtaining property and liability insurance coverage, even in this time of significant increases in insurance premiums.

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First published: Oct 2002
Young v. Total Community Management Corp.

By Richard Siegler, Stroock & Stroock & Lavan The result in this case was not surprising. There was no bailment. The condominium-owner merely parked his car in the common parking area. Neither the condominium association nor its managing agent was given specific custody of the unit-owner's car. It was left unattended in the association's parking lot. This is not enough to make the condominium association or its managing agent an insurer of the automobile's condition. There was no delivery of custody which would impose a bailee's liability on the condominium or its managing agent.

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