September 3, 2013
Partners Virginia Futterman and Gregg Minkin obtained summary judgment of claims asserted by a condominium unit owner against a condominium board, its president and management company.
Plaintiff asserted negligence, trespass and private nuisance claims based on defendants’ allegedly deficient maintenance and repair of shared dryer and bathroom exhaust systems and improperly allowing plaintiff’s downstairs neighbor to install a more powerful dryer in their apartment, which caused hot air and chemicals to enter into plaintiff’s apartment. Ms. Futterman and Mr. Minkin successfully demonstrated to the Court that dismissal was warranted because their clients’ actions were protected by the business judgment rule and because plaintiff’s claims were otherwise without merit.
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