Cottelli v. Leisure Village East Association – Tort Immunity In Community Associations
In Cottelli v. Leisure Village East Association, plaintiff slipped and fell on snow and ice outside of the condominium association. After the plaintiff filed suit, and before the deposition of the association could occur, the association filed a summary judgment motion stating that tort immunity language within their governing documents absolved them from liability in this case.
The association’s governing documents states, “Except for willful or gross negligence, Association not label for bodily injury." The Appellate Division granted summary judgment, but also stated that additional facts relating to the case need to be found in order to determine whether or not negligence or willful misconduct existed on the part of the association.
This case follows logically what should occur with the tort immunity statute. While an association may eventually win the case, in order to make certain there is no appeal that can be won, all discovery should be completed so there are no facts in controversy, and the trier of fact (in this case, the judge) can make a determination if tort immunity statute can be utilized in the instant case.