Case Notes in
Property Damage
Category
- Access
- Alterations
- Appeals
- Arbitration
- Assessment
- Attorney Fees
- Attorney-Client
- Authority to Sue
- Balcony/Terrace Rights
- Bike Lane
- Board of Directors
- Books and Records
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- Bylaws
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- Indemnification
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- Labor Law
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- Licenses
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- Malpractice
- Management
- Mechanic's Lien
- Mediation
- Misrepresentations
- Motion Practice
- Motion Practive
- Negligence
- Notice of Pendency
- Nuisance
- Occupancy Agreement
- Ownership
- Parking
- Partnership
- Personal Injury
- Pets
- Property Damage
- Proprietary Lease
- Reasonableness
- Receivership
- Release
- Repairs
- Representations
- RPAPL 881
- Sales
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- Statute of Limitations
- Stock/Shares
- Stocks/Shares
- Sublets
- Succession Rights
- Tax
- Third-Party Liability
- Transfers
- Trespassing
- Trial Practice
- Violations
- Warranty of Habitability
- Yellowstone Injunction
- Zoning
First published: Oct 2025
Was it a Trivial Sidewalk Defect?TAKEAWAY Personal injury cases are a subspecialty of litigation, subject to various rules, doctrines, and standards. Here, the condominium endured discovery, a half dozen motions, and five years of litigation before its attorneys were able to file a motion for summary judgment and dismissal based on the “trivial defect doctrine.” While the motion did not succeed, the litigation path and timing is fairly typical of a personal injury case. Here’s the good news and the takeaway: if this condo had liability insurance, as seems likely, then the litigation costs and defense were not paid by the condo—they were paid by the insurance carrier. The value of having good insurance is not that the carrier will pay out to an injured party, though that is obviously important. The real, practical value is that the carrier has a duty to defend the condo against lawsuits like this; the carrier will select attorneys with suitable expertise from its own “panel” of law firms; and the law firm’s fees will be paid directly by the carrier. As such, a good board will make sure that its condo or co-op community has a solid liability policy issued by a reputable carrier. A really good board will also keep an eye on the sidewalks, because it is easier to fix a tripping hazard than to engage in litigation.
Read full articleFirst published: Sep 2025
The Malfunctioning Overflow DrainTAKEAWAY Courts don’t let insurance companies get away with using overly narrow or confusing policy language to deny coverage. If the wording in an insurance policy is too vague for a condo board or policyholder to reasonably understand, a court may decide the loss should, in fact, be fully covered. That means if a condo disagrees with an insurer’s denial, it’s worth talking to legal counsel and, when necessary, pursuing the issue in court. Also, just because someone admits they caused an accident doesn’t automatically mean they are legally responsible - unless the act was intentional or malicious.
Read full articleFirst published: Jul 2022
David vs. GoliathThis case illustrates why property damage claims usually go to trial if they’re not settled. The cause and scope of damage is a factual question. The plaintiff makes fact-based arguments to show how the other party caused the damage, and the defendant makes fact-based claims why they were not responsible for the damage. Unless the court deems that one party had no legal duty (or had an unbreakable legal duty) to the other, or the evidence on one side is overwhelming, the court will usually elect to have a jury (or the court) weigh the credibility of the competing claimants at a trial, rather than making a judgment based on depositions and documents alone. These cases can last for several years, draining the resources of a condominium or co-op and negatively affecting owners’ ability to sell or obtain mortgages in the interim. Even though many of these claims have a basis in fact, boards need to weigh the unintended consequences on the community before making them.
Read full articleFirst published: Jul 2022
295 Greenwich Court Condominium, LLC. V. Consolidated Edison Company of New York, Inc.This case illustrates why property damage claims usually go to trial if they’re not settled. The cause and scope of damage is a factual question. The plaintiff makes fact-based arguments to show how the other party caused the damage, and the defendant makes fact-based claims why they were not responsible for the damage. Unless the court deems that one party had no legal duty (or had an unbreakable legal duty) to the other, or the evidence on one side is overwhelming, the court will usually elect to have a jury (or the court) weigh the credibility of the competing claimants at a trial, rather than making a judgment based on depositions and documents alone. These cases can last for several years, draining the resources of a condominium or co-op and negatively affecting owners’ ability to sell or obtain mortgages in the interim. Even though many of these claims have a basis in fact, boards need to weigh the unintended consequences on the community before making them.
Read full article