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Oct 5, 2018

Beware of the “Espinal” Exceptions

Co-op Condominiums

Documents included with offering plans (i.e. declarations, by-laws, rules and regulations, etc.) and other evidence are used to determine whether the board of a residential cooperative (co-op) or condominium or the owner of an apartment is responsible to fix failures in a building system.  Keep in mind, however, that a board or managing agent may become responsible for damages (which are otherwise the obligation of the apartment owner) if they voluntarily or gratuitously inject themselves into addressing or remediating a unit owner’s problem. In 2002, the Court of Appeals enunciated what has become commonly known as the “Espinal exceptions”. Espinal,… Read more


Oct 28, 2005

Liability of Condominium Managers and Unit Owners for Injuries to Third Parties

Dictionary: Liability

On October 25, 2005, New York’s intermediate appellate court issued a decision of concern to both condominium boards and individual unit owners.  Although the decision, on its face, appears to limit the personal liability of unit owners for claims made against the condominium by third parties, it, in fact, poses new and troubling issues regarding the personal liability of condominium board members while not ultimately providing unit owners real protection. We described the case involved, Pekelnaya v. Allyn, in our March 24, 2004 memorandum.  The lawsuit was commenced after a section of chain link fence fell from the rooftop of… Read more