Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Co-ops and Condominiums
Action Dismissed When Unit Owners Did Not Allege Wrongful Actions Outside Scope of Board Member's Duty As Board Member
Rhodes v. Swope NYLJ 8/20/19, p. 21, col. 2 Supreme Ct., Warren Cty. (Muller, J.)
In an action by owners of a townhouse in a common interest community against a member of the homeowners' association board and the association itself, the defendant board member moved to dismiss the causes of action asserted against her individually. The court granted the motion, holding that unit owners had not alleged any wrongful actions outside the scope of the board member's duty as a board member.
The Adirondack Park Agency granted permits to the association for a plan that would allow certain trees to be removed while others remained, creating filtered views of Lake George from the association properties. The association hired a contractor to complete the trimming. Unit owners contend that defendant board member directed the removal of a tree located beside their townhouse, even though removal of that tree was not authorized by the Agency permit. Unit owners also asserted a number of claims against the association itself. On this motion, the defendant board member sought to dismiss the complaint against her personally.
In granting her motion, the court concluded that unit owner had failed to allege with specificity any conduct outside defendant board member's position as a board member. Their trespass claim against the board member failed because the unit owners do not own the land on which the subject tree existed.
|This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.