E. Leo Milonas and Andrew C. Smith Q4 Highlights Included Constitutional Question and Parentage Determination
In their Appellate Division Review, Leo Milonas and Andrew C. Smith report on decisions from the end of 2020, specifically noting the important and scholarly decisions that the Appellate Divisions are producing under difficult circumstances.
January 25, 2021 at 12:50 PM
8 minute read
We know how difficult these times are for the courts and everyone, and we are heartened by the important and scholarly decisions that our Appellate Divisions are producing under these difficult circumstances. We hope we can now see a glimmer of light at the end of this dark period, and we extend to everyone our best wishes and hope that everyone will keep well.
First Department
Business Corporation Law. May officers of an unincorporated condominium association avail themselves of the indemnification provisions of the Business Corporation Law (BCL)? Noting this was "an issue of first impression" that required the court "to examine the relationship among the BCL, the Real Property Law (RPL), and the common law as applied to unincorporated condominium associations," the First Department held in Board of Managers of the 28 Cliff St. Condominium v. Maguire, 2020 N.Y. Slip Op. 06844 (1st Dept. Nov. 19, 2020), that the BCL indemnification provisions were not applicable.
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