2 total
The court ordered no costs following divided success on a partial summary judgment motion regarding condominium boundaries.
The Defendants, having achieved partial summary judgment in a dispute over condominium unit boundaries and common elements, sought partial indemnity costs of over $100,000.
The Plaintiff, who also achieved partial success on summary judgment, argued for no costs or costs in the cause, asserting that joining all unit owners was necessary and that the adjudication provided clarity for all parties.
The court, acknowledging the divided success and the complex nature of the litigation, determined that an order of no costs was appropriate, finding that the necessity of joining all defendants and the shared benefit of clarifying the issues outweighed the Defendants' arguments for costs.
The court granted partial summary judgment, amending a condominium declaration to include an elevator landing in a rooftop unit while declaring the adjacent roof and hallways as common elements.
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.
