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Co-ops and Condominiums
Unit Owner Not In Possession Cannot Prevail on Wrongful Ejectment Claim
Weiss v. Bretton Woods Condominium, II, NYLJ 3/25/22, p. 26, col. 4, AppDiv, Second Dept. (memorandum opinion)
In unit owner's action for tortious interference with contractual relations, fraud, and wrongful ejectment, unit owner appealed from Supreme Court's grant of summary judgment to the condominium. The Appellate Division affirmed, holding that unit owner did not establish that the condominium intentionally induced owner's tenant to breach a lease, and that unit owner did not establish that he was deprived of access to his unit.
In 2010, the condominium recorded a lien against unit owner's unit for unpaid common charges in the amount of $2451. Unit owner then paid that amount but the condominium would not record a satisfaction of the lien, contending that unit owner remained liable for attorney's fees needed to collect the unpaid amount. The condominium deactivated unit owner's access card to the complex and denied unit owner and his tenant access to all common areas, leading the tenant to stop paying rent to unit owner, who then brought this action for tortious interference with his lease, for fraud, and for wrongful ejectment. Supreme Court granted summary judgment to the condominium.
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