IRA PEKELNAYA, as Guardian ad Litem for MICHAEL TARATUTA, an Incompetent, et al., Respondents,
v.
JERRI ALLYN et al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 25, 2005.
October 25, 2005.
Attorney(s) appearing for the Case
Acito Klein & Candiloros, P.C., New York City (Costas M. Eliades and William N. Candiloros of counsel), for Jerri Allyn, appellant.
Michael P. Mangan, New York City, for Ivan Santiago and another, appellants.
Tarshis & Hammerman LLP, Forest Hills (Roberta E. Tarshis of counsel), for Robert H. Roy and another, appellants.
Wayne E. Batcheler, New York City, for Noelle A. Dean, appellant.
Russo, Keane & Toner, LLP, New York City (Thomas F. Keane, Christopher G. Keane and Alan Russo of counsel), for Gustavo Rusconi, appellant.
Marshall, Conway & Wright, P.C., New York City (Steven L. Sonkin of counsel), for Jose O. Asiatico, appellant.
Hoey, King, Toker & Epstein, New York City (Danielle M. Regan of counsel), for David Secul, appellant.
Shapiro, Beilly, Rosenberg, Aronowitz, Levy & Fox, LLP, New York City (Roy J. Karlin of counsel), for Rosia M. Remy, appellant.
Leahey & Johnson, P.C., New York City (Peter James Johnson, Jr., Peter James Johnson, James P. Tenney and Kimberly Schirripa of counsel), for Maria Hinojosa, appellant.
Gair, Gair, Conason, Steigman & Mackauf, New York City (Robert L. Conason and Rhonda E. Kay of counsel), for respondents.
Snow Becker Krauss P.C., New York City (Marc J. Luxemburg and David Lackowitz of counsel), for Council of New York Cooperatives and Condominiums, amicus curiae.
ANDRIAS, GONZALEZ and CATTERSON, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
TOM, J.P.
The novel issue raised on this appeal is whether the proportionate interest in the common elements of a condominium held by the owners of the individual units subjects them to liability for injuries sustained by a third party as the result of a defective condition in a common element. In the absence of any statutory basis for recovery, control rather than the unit owners' common...
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