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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Cooperatives and Condominiums

By ssalkin
May 01, 2018

Triable Issue of Fact About Association Liability for Flooding

McDonald v. Whitney Highland Homeowners' Association, Inc.
 158 AD3d 1229, 2/9/18
AppDiv, Fourth Dept.
(memorandum opinion)

In unit owner's action against her homeowners' association for flooding caused by negligent maintenance of drainage pipes, unit owner appealed from Supreme Court's grant of summary judgment to the association. The Appellate Division reversed and reinstated the claim, holding that triable issues of fact remained about whether the pipes provided common benefit to multiple units.

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