We have published a new article on the SGR blog.
Condominium declarations, by-laws and rules and regulations govern many details of residential apartment living and unit owners are obligated to comply with them even if they feel that they impinge upon their rights. This point is illustrated by a recent lawsuit involving the display of an American flag.
Read more on the SGR blog.
Copyright by, and republished with permission of, Habitat Magazine.
The board at a 10-unit Tribeca building has learned how difficult it can be for a condominium to fund litigation. The board decided to sue the condominium’s sponsor, claiming that the sponsor failed to reveal physical defects in the building, failed to fund the reserve fund as required, and allowed one of its principals, the owner of the building’s commercial space, to cause structural damage to the building. In its suit, the board claimed unit-owners faced “staggering” costs to repair existing damage and prevent further damage.
Was an expensive ring a conditional gift given in contemplation of marriage (to be returned if the wedding did not take place) or an outright gift (to be kept whether or not marriage ensued)?
The answer may depend on where the ring was given (New York or elsewhere), and application of principals of choice of law (where the parties resided in different states) and/or conflict of laws (where the laws in different states are not the same). Three recent cases are illustrative:
McMahon v. Decicco, 2018 NY Slip Op 31706(U), Sup Ct. Suff. Co. (July 18, 2018) Continue reading