Insight

Sponsor’s Attempt to Avoid Liability for Construction Defects and to Limit Valid Claims of the Condominium Unit Owners Soundly Rejected by the Appellate Division

Sponsor’s Attempt to Avoid Liability for Construction Defects and to Limit Valid Claims of the Condominium Unit Owners Soundly Rejected by the Appellate Division

Adam Leitman Bailey

Adam Leitman Bailey

January 17, 2023 02:40 PM

In a hotly contested dispute between the Board of a Condominium and the Sponsor of the Condominium, the Board brought suit alleging, among other things, that there were numerous construction defects that the Sponsor was obligated to remedy but failed to do so. The Board’s complaint noted that the defects included were not limited to the eleven most serious defects which were listed in the complaint. The complaint also referenced the engineer’s report which set forth other numerous defects. The Engineer’s Report and a listing of all the defects found were also provided to the Sponsor in discovery.

The Sponsor disclaimed responsibility for any repairs or damages asserting that the Offering Plan contained a broad and controlling disclaimer stating that the buyers were taking the units and the building in an “as is” condition.

Subsequently, the Sponsor moved for summary judgment to dismiss the cause of action asserting the construction defects claim. Sponsor also argued that the additional defects which were set forth by the Board in discovery amounted to an improper indirect attempt to amend the Board’s complaint. The Board opposed the motion and the trial court denied the Sponsor’s motion for summary judgment, but granted that portion of the Sponsor’s motion which sought to limit the claims for the eleven items listed in the complaint. Both parties appealed to the Appellate Division, First Department.

On appeal, Adam Leitman Bailey, P.C. established that the Offering Plan, contained only limited waivers and that the Sponsor could not waive away its statutory obligations with respect to violations that had been found. Moreover, Adam Leitman Bailey, P.C. pointed out that the Sponsor failed to submit an affidavit from anyone with personal knowledge to demonstrate that the claimed defects fell within the disclaimers set forth in the Offering Plan or that the defects were not within the Sponsor’s obligation to comply with the law. The Appellate Division agreed and affirmed the denial of summary judgment.

The Appellate Division also adopted Adam Leitman Bailey, P.C.’s arguments that the information regarding the defects that was provided in discovery could be proven at trial. The Court found that the Board’s complaint was sufficiently particular to give the Sponsor notice of the matters that the Board intended to prove at trial. Further, the Court found that there was no need for the Board to move to amend its complaint.

Jeffrey R. Metz, Courtney Lerias, and Adam Leitman Bailey represented the Board before the Supreme Court and at the Appellate Division.

Click here for the Published Decision

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Turn Visitors into Clients with Law Firm Website SEO That Converts


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

SEO for Law Firms: Overcoming Common Challenges


by Jamilla Tabbara

Tackle common SEO challenges and take the next step with our guide, How to Make Your Law Firm Easier to Find Online.

Graphic image of a phone displaying SEO rankings, with positions 1, 2 and 3 on the screen

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed