Did I sue the correct party? I sued the company that manages the Condo Association instead of the Condo Association itself.

Asked over 1 year ago - Kew Gardens, NY

And, since I received a monetary judgment award from the court (because the Condo Association's management company failed to appear), does it make a difference if I DID sue the wrong party? (I sued due to water damage in my unit caused by water penetration from the exterior common areas of the Condominium building).

Attorney answers (1)

  1. Steven Warren Smollens

    Contributor Level 20

    Answered . Dear Condo Owner:

    You asked this question and you received a number of answers. But you have to know by now that AVVO is an open public forum and that means that owner/landlord attorney have the chance to read and review through questions that match fact patterns of their clients. Musing in a public forum that you gained a default judgment against a Condominium management company, sort of narrows this down to a few companies that manage condominiums in Queens with recent Small Claims Court default judgments.

    There is no way for an attorney answering your question in AVVO to know that you sued a correct or a wrong party. You had to have made a decision to name a defendant and have that defendant served. The defendant also had made a decision to default and not to defend and not to defend and claim that it is the wrong party. If the defendant could accept that there was no point in defending why would you go public and wonder if you sued the wrong party.

    You may find out if this was an oversight on the part of the defendant and its attorney to allow a default to be taken when you look to enforce the judgment. Perhaps your claim was not worth making a rumpus about and management would just chalk it up to cost of doing business or just bill back to the condominium. But you do not do a good service to the validity of your own judgment by going public instead of seeking a private consultation in a confidential setting with your own attorney.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more

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