Monthly Archives: February 2019

The Best Defense Against a Charge of Defamation

Copyright by, and republished with permission of, Habitat Magazine

In these contentious times, politics at all levels – even at the level of co-op and condo board elections – tend to get ugly. Charges and counter-charges circulate with lightning speed. One recent condo board election led to a lawsuit over the truth of charges emailed by one of the candidates. The case turned on the definition of the D-word: defamation.

Sandra Peterson, a unit-owner at Edgemont at Tarrytown Condominium and a former president of the board of managers, was running for election against fellow unit-owner Mary Ellen Maun. During the election process, Maun sent emails to other unit-owners which, Peterson claimed, were false and defamatory and sent with the specific intent to damage Peterson’s good name and reputation in the community.

Continue reading

Co-op Boards Are Not Quality-Control Watchdogs

Copyright  by,  and republished with permission of, Habitat Magazine

Wade and Vanessa Johnson thought they were getting a “triple mint” luxury unit when they bought a gut-renovated apartment from the sponsor of a cooperative conversion at 1150 Fifth Avenue. But after the closing, the Johnsons learned that there were numerous conditions in the apartment that were not up to code – or actually dangerous – most of which had been concealed.

Continue reading

PET PEEVES & OTHER FOUR-LEGGED DISPUTES

New Yorkers own hundreds of thousands of cats, dogs, farm animals and other pets.  Thus, it is not surprising that accidents and injuries caused by animals are a fertile source of litigation.  Several recent examples follow.

Thompson v. Brown, 2018 NY Slip Op 08736, App. Div. 3rd Dept. (December 20, 2018)

In an action for negligence arising out of the escape of a bull owned by defendants, Supreme Court granted plaintiff’s motion to the extent of finding that plaintiff sustained a serious injury within the meaning of the insurance law.

Continue reading