Taranae Hashemi and Stephen Hoffman Secure TRO on behalf of Condominium Board of Managers
Taranae Hashemi and Stephen Hoffman prevailed on their emergency application on behalf of their client, the condominium Board of Managers, which sought an Order from the Court directing that the plaintiffs-owners provide immediate access to their condominium unit, enjoining the plaintiffs from otherwise placing preconditions on entry and, further, precluding plaintiffs from attending the defendant-Board of Manager’s inspections.
Plaintiffs, owners of a condominium unit alleged to be rife with mold, commenced an action against the condominium Board of Managers alleging multiple causes of action, including negligence and breach of fiduciary duty, arising out of an alleged mold condition and structural deficiencies within the unit. Despite repeated attempts to obtain access to the unit, plaintiffs’ insistence on burdensome and onerous preconditions to access impeded the parties from reaching an amicable agreement. Accordingly, Taranae and Steve sought emergent relief via an Order to Show Cause and Temporary Restraining Order. The Court granted the application in its entirety and held that plaintiffs’ allegations of an immediate and ongoing threat to the health of plaintiffs, coupled with the Bylaws permitting the Board to access the condominium units in the event of an emergency, warranted the requested relief.