Pekelnaya v. Allyn
Appellate Division of the Supreme Court of New York
802 N.Y.S.2d 669 (2005)
Aba and Michael Taratuta (plaintiffs) were injured on a sidewalk when a fence fell from the roof of the Park 106 Condominium, whose $2 million insurance policy fell short of covering the resulting damages; the Taratutas sued the individual unit owners (defendants) directly, arguing they qualified as "owners" under New York's Multiple Dwelling Act (which imposes tort liability on building owners), even though the state's separate Condominium Act was silent on unit owners' liability for common-element defects. The trial court denied the unit owners' motions to dismiss, and they appealed.
Whether individual condominium unit owners may be held personally liable to injured third parties for a defective condition in a common element (such as the roof) that is under the exclusive control of the condominium's board of managers.