Trial Needed to Determine Responsibility for Condominium Easement

December 22, 2015
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Facts: A unit owner slipped and fell on a driveway leading to his condominium complex. He sued the association, seeking damages for injuries he suffered. The driveway, also known as the “east access road,” is located on property owned by a third party. The association has an easement for ingress and egress—that is, the right to use the driveway to come and go—in common with the third party. The third party asked a New York court for a judgment in its favor without a trial.

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