St. John's Law Review

Despite the New York Supreme Court Appellate Division’s Ruling in Pekelnaya v. Allyn That Individual Condominium Unit Owners Are Not Personally Liable For Injuries Sustained As a Result Of a Defect In

By: Brian Brenner

The condominium form of ownership has been in existence for over forty years. Yet, areas of law regarding the condominium form of ownership remain unsettled, particularly the area of individual unit owner liability stemming from the common elements. States have taken various approaches when dealing with this issue.  Some states have chosen to insulate individual unit owners from liability, while others have imposed liability on a pro rata basis. The New York legislature, however, has chosen to remain silent on the issue.

This recent development analyzes the New York Supreme Court Appellate Division’s ruling in Pekelnaya v. Allyn, which insulated individual unit owners from liability stemming from the common elements. While adding more certainty to the law of condominium liability the possibility remains that the court may impose liability on individual unit owners in a different situation, if each is in a different legal position.  The court, in its reluctance to impose liability on the individual unit owners, noted that this area of law would be best left for the New York legislature to address. This recent development further discusses the various possibilities the New York legislature may take, either insulating individual unit owners from liability or imposing liability on a pro rata basis, and proposes a recommended course the New York legislature should take in addressing this issue.