Scott Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Board of Mgrs. of the 28 Cliff St. Condominium v. Maguire," where the court held that a condominium president's request for indemnity after a fire should have been denied under the bylaws; and "1982 E. 12th St. Holding LLC v. Lati," where the plaintiff's use of disputed parcel of land failed to establish adverse possession.
December 01, 2020 at 12:22 PM
14 minute read
Condominiums—Indemnification—Issue of First Impression—Relationship Among BCL, RPL and Common Law as Applied to Unincorporated Condominium Associations—BCL Does Not Apply to All Condominiums When RPL Is Silent—Indemnification and Legal Fees Denied—By-Law Provided Indemnification for Only Contract Claims—'Tusi v. Chou' Had Been Read "Too Broadly"
The plaintiffs in this action are the board of managers (board) of an "unincorporated" condominium association and three individual owners. The individual and corporate defendants own and operate "an ale house that occupies commercial space on the first floor of the subject building." Defendant "A" was the president of the board between 2005 and 2011.
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