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Scott E. Mollen Scott E. Mollen

Condominiums—Business Corporation Law (BCL) Permits Indemnification From Board of Managers of a Condominium—Question of First Impression—Whether BCL §§722 and 724 Authorize Indemnification in Condominium Context

A defendant and counterclaimant (“A”) had moved for an interim order granting her indemnification from a plaintiff condominium Board of Managers and certain individuals (board). The court explained that this motion involved a “question of first impression; whether the (BCL) §§722 and 724 authorize indemnification in the condominium context.” The board opposed the motion and cross-moved pursuant to CPLR 3211(a)(7), to dismiss certain counterclaims. The board alternatively, sought summary judgment dismissing those claims.

The dispute involved a fire which caused significant damage. The condominium consisted of four stories, with a commercial unit on the first floor and a portion of the cellar, and residential units above. The first floor was occupied by a bar and restaurant, owned and operated by “A,” who is a member of the condominium and was president of the board from 2005-2011. The second floor unit was owned and occupied by “B” and “C.” The fourth floor was owned and occupied by “D.”

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