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
- Board of Managers
- Books and Records
- Breach of Lease
- Business Judgment Rule
- Bylaws
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- Certificate of Occupancy
- Charges/Fees
- Commercial Unit
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- Common Elements
- Companion Animal
- Constitutionality
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- Defamation
- Discovery
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- Fiduciary Duty
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- Foreclosure
- Fraud
- Governance
- Ground Lease
- Gym
- Hoarding
- House Rules
- Housing Development Fund Corporation
- Indemnification
- Indemnification/Subrogation
- Injunction
- Inspection of Records
- Insurance
- Labor Law
- Liability of Directors
- Licenses
- Liens
- Maintenance
- 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
- Service of Process
- Sponsor
- Statute of Limitations
- Stock/Shares
- Stocks/Shares
- Sublets
- Succession Rights
- Tax
- Third-Party Liability
- Transfers
- Trespassing
- Trial Practice
- Veil Piercing
- Violations
- Warranty of Habitability
- Yellowstone Injunction
- Zoning
First published: Apr 2026
The High Cost of Ignoring HabitabilityTAKEAWAY Water leaks are a fact of life in buildings, and mold often follows. When those conditions make an apartment unsafe or unlivable, as they did here, the resident will usually have a valid claim under the Warranty of Habitability. This is where the board in this case went seriously wrong. The board appears to have relied on its insurance carrier or adjuster for guidance on these legal questions rather than seeking proper legal counsel. It was a mistake to take the position that the Warranty of Habitability did not apply. Another incorrect assumption was arguing that its repair obligations were limited only to items that were “original” to the building. On top of that, it tried to condition Ms. Siegel’s ability to use her own contractor on her paying part of the co-op’s insurance deductible and the adjuster’s fee. In practical terms, these positions amounted to a refusal to make the necessary repairs. Because of that, Ms. Siegel was fully within her rights to reject the board’s proposal and proceed with repairs using her own contractor. Boards should take this as a clear warning. Repair obligations are not confined to a single “Repair” section of the proprietary lease. Most leases include additional provisions that address what happens when there is damage from events like leaks or flooding, and the Warranty of Habitability adds yet another layer of responsibility. These obligations work together, and they cannot be ignored or narrowly interpreted. The case ultimately reads like a textbook on the many legal problems that can arise from leaks and flooding, including evidence issues, lease interpretation, and how the Warranty of Habitability interacts with contractual repair obligations and established law. It stands as a strong cautionary example—and a reminder that boards need experienced legal advice when handling these situations.
Read full articleFirst 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