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Pekelnaya v. Allyn

Appellate Division of the Supreme Court of New York
802 N.Y.S.2d 669 (2005)


Facts

Aba and Michael Taratuta (plaintiffs) were walking on the sidewalk when they were injured by a fence that fell from the roof of the Park 106 Condominium (condominium). The condominium’s board of managers had taken out a $2 million insurance policy for the condominium. However, the damages resulting from the Taratutas’ injuries exceeded $2 million. As a result, the Taratutas brought suit against the owners of the individual units in the condominium (unit owners) (defendants) to cover the difference. The Taratutas claimed the unit owners qualified as “owners” under New York’s Multi Dwelling Act which imposed tort liability on building owners. New York’s Condominium Act was silent as to liability with respect to a common element of a condominium. The New York Supreme Court denied the unit owners’ motions to dismiss. The unit owners appealed.

Rule of Law

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Issue

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Holding and Reasoning (Tom, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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