The plaintiff, owner of a rooftop condominium unit, sued the condominium corporation and other unit owners over the boundaries and exclusive use of common elements (Elevator Landing, Interior Hallway, Roof, South Stairwell) and for torts including trespass and nuisance.
The defendants brought a motion for partial summary judgment.
The court granted partial summary judgment, declaring the Elevator Landing part of the plaintiff's unit, but the Interior Hallway, Roof, and South Stairwell as common elements.
All tort claims against individual unit owners were dismissed.