Dalia Yonadam

The moving party sought leave to appeal an interlocutory order that converted an application into an action and ordered a trial, and relied on unsworn material from a responding party.

The court denied leave to appeal, finding that the motion judge had inherent jurisdiction and discretion under the Rules of Civil Procedure to receive the unsworn material in the interests of justice, and that the decision did not raise matters of general or public importance beyond the immediate parties.

The parties brought cross-applications regarding ongoing disputes over cigar smoke migrating between condominium units and unauthorized unit modifications.

The condominium corporation sought orders to remove humidifiers installed by the unit owners and to access the unit for repairs.

The unit owners sought declarations that the corporation breached its duties to repair and maintain the common elements, and orders dictating the contents of future status certificates.

The court found the humidifier issue moot as the owners agreed to remove them.

The court dismissed the owners' claims, finding the corporation acted reasonably in relying on its engineer's recommendations for repairs, and held it lacked jurisdiction to dictate the contents of a status certificate in advance.