First published: Dec 2022
A Big To-Do Over Small Dollars
So far this is a typical skirmish over discovery. But once again we see a board that has entangled itself in costly and distracting litigation, this time seizing a potential legal loophole in a quest for a little additional income. The motion practice threatens to overwhelm the fundamental issues. The typical strategy of the parties at this stage also does not help to solve the problem. The board may be trying to bleed the Gobins so as to compel a settlement, and the Gobins may be maintaining their discrimination claims to raise the risk to the condo of their being awarded legal fees. And every dollar spent raises the stakes in a potential settlement.
BD OF MGRS. OF SEAPORT S. CONDO V. GOBIN
WHAT HAPPENED In August 2000 the board of the 119-unit Seaport South Condominium entered into a license agreement with the owner of two third-floor apartments so the owner could use 72 square feet of hallway space adjacent to the units. The original agreement was initially for one year, and then month-to-month at five percent of the combined monthly common charges from the two units, or $56.64 at the time. In 2004 the units were sold to the Gobins, and they assumed the license under the terms of the original agreement. Ten years later the board delivered a new license agreement to the Gobins, raising the fee to $450 per month, rather than five percent of the unit’s common charges, which was then $82.87. The Gobins refused to sign the new license agreement, and in 2017 the condo brought legal action. It filed a lien against the units and sought to terminate the existing license agreement. The Gobins counterclaimed, including claims of breach of contract, damages, attorney fees and racial discrimination, as well.
IN THE COURT The Gobins had filed a motion seeking to compel responses from the condominium and to obtain a conditional order striking the condominium’s complaint if it did not comply satisfactorily with the court’s order. At this juncture, the court only ruled on the dispute over whether the condominium had responded sufficiently to the document demands and interrogatories filed by the Gobins.
COUNSEL For the board Thomas Torto / For the Gobins Glen Spiegel and Samantha Lesser BECKER & POLIAKOFF / JUDGE Gerald Lebovits
