Pekelnaya v. Allyn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*113OPINION OF THE COURT
Tom, J.P.
The novel issue raised on this appeal is whether the proportionate interest in the common elements of a condominium held by the owners of the individual units subjects them to liability for injuries sustained by a third party as the result of a defective condition in a common element. In the absence of any statutory basis for recovery, control rather than the unit owners’ common interest is the operative criterion upon which liability is predicated. In the absence of such control by the individual unit owners over that component of the common elements alleged to…
2Cases cited23 opinions
- Auerbach v. BennettNew York Court of Appeals · 1979
- Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
- Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
- Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
- Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
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3Cited by14 opinions
- Pelton v. 77 Park Avenue CondominiumAppellate Division of the Supreme Court of the State of New York · 2006
- Zebzda v. Hudson Street, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Rothstein v. 400 East 54th Street Co.Appellate Division of the Supreme Court of the State of New York · 2008
- Jerdonek v. 41 West 72 LLCAppellate Division of the Supreme Court of the State of New York · 2016
- O'Toole v. VollmerAppellate Division of the Supreme Court of the State of New York · 2015
9 more not listed; retrieve them via the Exa API.