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Attorney's Fees › Condominium Associations

Marshall Dennehey

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

Marshall Dennehey on

For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Publishes First Opinion Addressing First-Party Indemnity Provisions

Greenbaum, Rowe, Smith & Davis LLP on

On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the...more

Ward and Smith, P.A.

Beware of Procedural Pitfalls in HOA Foreclosures

Ward and Smith, P.A. on

Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner's property and foreclose on that interest.  But to do so, associations must comply strictly with the...more

Tarter Krinsky & Drogin LLP

New York State Appellate Court Decision Puts Many Co-ops’ Ability To Recover Attorneys’ Fees In Jeopardy

Tarter Krinsky & Drogin LLP on

Late last year, the New York State Supreme Court, First Department of the Appellate Division issued a decision regarding the enforceability of an attorneys’ fees provision in a Manhattan cooperative’s proprietary lease. In...more

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